HomeMy WebLinkAboutL 10810 P 203m
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T~I5 EASF_~£T~? is sade the ~'~ day of August, 1984, by and
::o $ Paradiao Valloy
April 17. 1981 and her Oaccessors in ~r~t. jointly and severally
and ~he HEN~ L. F~U$~ ~Kt~ of ~8hers ,ola~=. N~ York
~j ; ~t~, Srantor is ~er In fee sidle cf certain real estate
~ '*" ~lch in its present and Frc~led 8tato contcins i significant
&/ nltura~ habitat in which fish, wildlife or plant co.unities or
o~),r ecosyste~ nor~lly live and which Grantee desires and
NOW 134ER£roP£, for and in conlidermtion of the a'a~ of 0~£
DOLLAR {S1.00) and other good and valu&ble consldermtlon, paid by
Grantee to Grantor, receipt of which is hereby ackncyaledged, snd in
forth, Grantor does hereby give, grant, bargaxn, sell and confir~
Fishers Islant in the To~n of Southold, County of Suffolk and State
of New York, es more particul~rly dmscrt~d In [~iblt A ~tt~ched
hereto ~nd ~de · part hereof (the '~nd') o~ the n~ture
of protecting the n~tural h~lt~t therein.
10810 204
Land for conservation purposes end shmll not himself or permit
inconsistent vtth the preservation end protection of its natural
(a) rrection of any buildings, blll~oards0 co~ercid! sign0 or
any other atructures~
(b) Filling. excavating, re.ring aa/1 or sand or gravel or
rocks or minersle, co~atructing mite lmprove~enta or changing the
topoorsphy of the Land in any manner v~leh vould be detrimentel to
or ~lch could adveroely affect the eonoervmtion purposes of this
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(c) Toleration of vehicular traffic over the Land other than
over roidl nad pithl necessary for aCCell tO sd~olfling properties,
including the use of siaM, shales, sotorcyclel, all-terrain or other
off-fond vehicles: end
(d) ~ny other ectton, practice or use v~lch could be
detrimental to or ~ich could adverlely affect the preservation and
protection of the natural habitat o! the Land.
kceule a lignificint portion of the habitat Grantor end
Grlfltee v~lh to protect COflltltl Of open land vhich hal been
maintained al luch, the cutting of trico or brUlh, moving,
10810
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cultiv&tion or plantin9 of the l~nd from time to time by the
Grantor shill not in and of itself be deemed to be inconsistent
The mlintenance or relocation of exalting drives or re, dray1,
or the ~ot~tinUltion or the qrsnting of accaal for v~ter,
electrical, telephone and ot~er utilities necessary for service to
_J
ell persons, including, vithout limitation, Grantor.
(b) ~nter the l~nd it reasonable tntrvals for the purpose of
in accordance vJth the provlliOnl hereof.
Grantor, Grantee shnll notify Grantor in vriting. If the violation
has not bean corrected vithin thirty (30) days of said notice,
Grantee may lnltitute a suit to eS}lin by temporary sod/or
per~snen~ to,unction luch violation, OT lOT ds~eqel for brelch Of
covenant, or m~y ta~e lUCh other lotion al it deems necessary to
lnlure compliance vith the terml, con,StillS, covenants lsd
purposes of thtl ~elementl provided, hovever, that any failure so
to act by Grantee shall not be deemed to be a vstver or a
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or purpose of this f~se~snt in the future. Grsntes ilso NY
of this don·tion.
The cost of ·ny legal ·ctton brought to enforce the terms of
this ~se~ent end the cost of any restoration of the L~nd,
inclvding attorney feea, ·hall be borne by Grantor.
4. The granting of this Easement is not intend·d to permit or
purpose,
S. Thin ~4sement shall run with the l~nd in perpetuity end
Ihall ·pply to ·nd b· forever hind%rig upon the respective heirs,
&. Grantor sh·ll execute shy ·ddttional instruments v~ich
Grantee reasonably requires in order to carry out the purpo·es'of
7. If for any re&eon the granting of thil ~se~ent felll to
qualify el · cheritible contribution ·llovible ·1 · deduction under
the Internal Revenue C~ode of 19S4, us ·mended, Grantor Ray
terminate any end eli interests created by thzl ~le~ent.
d, Gruntea ia prohibited fro~ subsequently translating thai
~ese~ent, or any lnterelt created b~ thl~ Faae'~ent, v~ether or not
fee consideration, unl~sl Grantee requital, as · condition of the
lUblequent transfer, that the conserv·tion purpose for Vhich the
[asement il being 9r&nted continual to be carried out,
to a charitable oroanization qu&lifylnq0 at the tl~e of the
subsequent transfer, es an aliqibls donee under Section l?O(h)())
of the Internal ~evenue Code of 1954, ps mm~nded, and the
applicable regulations promulgated thereunder or any applicable
9, T~e use of the singular or plural for~ sh&ll 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 referrenca to this £asement shall be
mdc In any a~baequ~nt deed, or other legal instrument, by ~ans of
which he conveys any interest in the l~nd sod that he shall attach
· copy of this ~so~nt thereto.
Iii NITNES$ ~H£RI;O£, Grantor has executed or caused this
£alement to be executed as of the day and year first above
,
A~l~r~on Cu~h~n, ~nd~vldual~
August~/, 1984
Rlta N. CUlhr~an, individually
and es Trustee
10810 208 -6-
The H£NR¥ L, F£RGUSON MUS£L~
hereby accepts this Conservation
Easement and cotn~lts Itself to
the protection of the conservation
purposes expressed therein and to
the enforcement of the reltrLctlons
contained hartln~
DATEDI Auguat~ . 1984 Byl
HENRY L. FERGUSON MUSEUM
Charles B. Ferguson'
President
O~ the ~¥~ day o! Auqult, 19~4, before
A~lerton Cushman, to me known to be the person described In and who
executed the foregoing Instrument Individually and as Trustee, and
ackn~le~qed that he executed the
My Co~ls~lon
(Apply
)
COUNTY or '-*--fl'°(~
)
on the JHUday of Auqust, 1984, before me personally came
Rite J. CUlh~an, to I~e known to be the perish described in and who
executed the foregoing ~natru~ent ~ndtvtdually
ackn~ledqe~ that she executed the
Notary Publl~
/47 ComrallltOn Expires
(Apply seal here) ~b~ie.
10810
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~TAT~ OF-~-'*~ ~-~(~- )
) aa.
~r~ B. ~frqueon to me kno~, who bein9 by iff duly ~rn, did
~ and may that he reaid~e a~ )~ Farmatea~ ~ne, Farmtn~ton,
Connecticut, that he ~ the Prealdent of the Henry L. Ferguoon
Mule~, the corporation delcrt~d in and ~hich executed the I~ve
/natr~entz an~ that he Iigned hl~ name thereto ~ or,er of the
boar~ of 4/rectorl of iai4 cut.ration.
m
the Henr? L. Fer~uson Museum
A certcin trice or plTCei of lend loceted et r~lherm %elend, Tcntn
of Southoid, CounTy of Suffolk end Store of New York, being bounded
Illd poznt being loclted 2235.54 feet North o! · point which is
south 62' os* 00- seat 02.65 feet to · po~et of curve to the r~ght
that pozfl~ Jo So~th 2~* SS' 00' Nest~ then~ runflzng Southelmtward-
ly, fol3ov~ng the art of le~ curve. 127.~', teetr thence South 40'
47' 4)' £est 40.0D feet. these lest thre~ ~Znal runnAng ·long ilzd
road 3~fle to · ps,fit near the shore of Sea:h Pond: thence following
the meenders of load I~re ~Afle on the follo~zng three courses,
South S3' 41' ~0° Nest S2.44 feet. South ~S* 28' 30' West A29.03
feet end South 26* 0S* 00* Meat 24:.21 feet: thence North ~* 02*
00' Meat 436.48 feet to 002d proposed roed~ne at · point of curve
to thc right whose red,ua is ]?0.26 feet end the direction of whoso
red,us at that point te South 27' 32' ~0' Eeatf thence douthe·et-
fo~t to the po~nt of heg~nn*flg.
Containing 1.60 icrel, more or Ills.
~ 6~o %C)%t O ~7~CONSERVATION EASEMENT
o
THIS EASEMENT is made the .~__~ day of August, 1984, by and
between Allerton Cushman of Scottsdale, ~¥ ~Dn, , i~dividually and
as Trustee of the Allerton Cushman Trust dated May 5, 1980 and his
successors in trust, and Rita M. Cushman ofaSc°ttsdale' Arizona,
individually and as Trustee of the Rita M. Cushman Trust dated
April 17, 1981 and her successors in trust, jointly and severally
· ir res ective individual and fiduciary capacities (''Grant°r'!).'
~n the' P ~,~
and the HENRY L.,,,,.FERGUSON MUSEU,M_ of'i~shers Island, Ne York
(" Grantee" ) ·
W i TNES sETH:
WHEREAS, Grantee is a public charitY whose purposes~ include
O~t~e conservation and protection of environmental systems; and
~ ~' WHEREAS, Grantor is owner in fee simple of certain real estate
ich in its present and proposed state contains a significant
tural habitat in which f~sh, wildlife or plant communities or
similar ecosystems normally live and which 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 consideration, paid by
Grantee to Grantor, 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
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 $outhold, 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
for the purpose
character and to the extent hereinafter expressed,
of protecting the natural habitat therein.
RECEIVFD
REAL ESTATE
SEPO 4
,TRANSFER TAX
SUFFOLK
COUNTY
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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 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 Easement.
(s) Erection of any buildings, billboards, commercial signs or
any other structures;,
(b) Filling, excavating, removing soil or sand or gravel or
rocks or minerals, constructing site improvements or changing the
topography of the Land i~ any manner which would be detrimental to
or which could adversely affect the conservation purposes of this
Easement~
(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 vehicles; 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 consists 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 b~' ~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.
2. Grantor hereby covenants and agrees that Grantee shall:
(a) Enforce any and 511 provisions of'this Easement against
all persons, including, without limitation, Grantor.
(b) Enter the Land at reasonable intrvals for the purpose of
inspecting and insuring that the Land is protected and maintained
in accordance with the provisions heregf.
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 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 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 Easement~ provided, however, that any failure so
to act by Grantee shall not be deemed to be a waiver or a
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forfeiture of the right to enforce any term, condition, covenan'a
or purpose of this Easement in the future. Grantee 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 Easement is not intended to permit or
in any way give the public the right to enter upon the Land for any
purpose.
5. This Easement shall run with the Land in perpetuity and
the terms hereof and t~e covenants and agreements herein contained
shall apply to and be forever binding upon the respective heirs,
successors and assigns 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 Code of 1954, as amended, Grantor may
terminate any and all interests created by this Easement.
8. Grantee is prohibited from subsequently transfering this
Easement, or any interest created by this Easement, whether or not
for consideration, un]ess 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 370
EXHIBIT A
DESCRIPTION O_~F PROPERTY
Cushman to
the Henry L. Ferguson ~4useum
A certain tract or parcel of land located at Fishers
of SouthOld, County of Suffolk and State of New York,
and described as follows:
Island, Town
being bounded
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 feet East of a monument marking the United States Coast and
Geodetic Survey Triangulation Station "NIN' and thence running
South 62" 05' 00" East 83.65 feet to a point of curve to the righL
whose radius is 341.80 feet and the direction of whose radius at
that point is South 27° 5%' 00" West; thence running Southeastward-
ly, following the arc of said curve, 127.09 feet; thence South 40°
47' 40" East 40.00 feet, these last three lines running along said
road line to & point near the shore of Beach Pond; thence following
the meanders of said shore line on the following three courses:
South 53" 41' 30" West 52.64 feet, South 75~ 38' 30" West 129.03
feet end South, 26' 08' 00" West 241.21 feet; thence North 11' 02'
00" West 436.48 feet to said proposed rosdline at a point of curve
to %he right whose radius is 170.26 fee% and %he direction of whose
radius at that point is South 27' 32' 10" East; thence Southeast-
wardly along said road line following the arc of said curve 164.78
feet to the point of beginning.
Containing 1.68 acres, more or less.
377
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Moreover, Grantee may only subsequently transfer this Easement
to a charitable organization qualifying, at the time of the
subsequent transfer, as an eligible donee under Section 170(h) (3)
of the Internal Revenue Code of 1954, as amended, and the
applicable regulations promulgated thereunder 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 referrence to this Easement shall be
made in any subsequent deed, or other legal instrument, by means of
which he conveys any interest in the Land and that he shall attach
a copy of this Easement thereto.
IN WITNESS WHEREOF, Grantor has executed or caused this
Easement to be executed as of the day and year first above
written.
Dated: August~~ , 1984
Allerton Cushman, individually
and as Trustee
Dated: August~%~, 1984
Rita M. Cushman, individually
and as Trustee
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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:
HENRY L. FERGUSON MUSEUM
DATED: August ~, 1984
Charles B. Ferguson
President
) ss.
COUNTY OF )
On the D~day of August, 1984, before me personally came
Allerton Cushman, to me known to be the person described in and who
executed the foregoing instrument individually and as Trustee, and
acknowledged that he execrated the same.
Notary P~li
My Co~ss~on Expires
~UC~ J. AHM~
(Apply seal here) ~o~ p~bli~. ~t-t~ of N~W ~O~
No 5~'0028~B0
~ed ~ Suffolk CO~?
STATE OF'-~
ss.
COUNTY OF -
On the Dq~day of August, 1984, before me personally came
Rita J. Cushman, to me known to be the ..person described in and who
executed the foregoing instrument individually and as Trustee, and
acknowledged that she executed the same.
Notary Public ~
My Commission Expire~uc~ j.
(Apply seal here~ote~ Public. S~,'. o! New
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OF~_~
STATE ~- )
COUNTY OF )
On the ~ day of August, 1984, before me personally came
~arels B. Ferguson to me kno~, who being by me duly s~rn, did
depose and say that he resides at 33 Farmstead Lane, Farmington,
Connecticut, that he is the President of the Henry L. Ferguson
Muse~, the corporation described in and which executed the above
instr~ent; and that he signed his name thereto by order of the
board of directors of said corporation.
Notary Pub .
My Commission Expires: ':
[Apply seal hereJzuc~ j. ~
No. 52-0028880
~Bfied iu S~H~lk Co~W
To~ exphes ~GIch 30,