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HomeMy WebLinkAboutMiller/Ferguson Museum (2)CONSERVATION EASEMENT cs-1-- -f. 6 *: - I -,I, l ;. THIS EASEMENT is made the 29th day of December, 1983, by and between Robert J. Miller of Weston, Connecticut ("Grantor"), and the HENRY L. FERGUSON MUSEUM of Fishers Island, New York ("Grantee"). W I T N E S S E T H: WHEREAS, Grantee is a public charity whose purposes include the conservation and protection of environmental systems; and WHEREAS, Grantor is owner in fee 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 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 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. -2- 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. (a) 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 in 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, -3 - 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 purpose of this Easement. 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 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 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 -4 - forfeiture of the right to enforce any term, condition, covenant 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 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. 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 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. -5 - 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 reference 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 the day and year first above written. Dated: df4 24 , 1983 /' -6 - 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: 4�..Z9 1983 By: .f�_ _ p�,J. ir'i Its° A4ES "A 6.o i STATE OFeEA4eC1-,e&# ) / COUNTY OF Fa;,G eld ) ss. ��M%�va� On the-2-V'^day of ?koewiyer , 1983, before me personally came (Lobe*+ T. m: Il-e.v , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same. TCom.-tip- cv. Notary Public My Commission Expires lnaQ ch 31,1988' [Apply seal here] STATE OF Connecticut) COUNTY OF//ti-r-sro -D ) ss. .410.v a.4 177 - On the .Z9t'y day of Doc s&%Acr , 1983, before me personally came Charles B. Ferguson to me known, who being by me duly sworn, did depose and say that he resides at 33 Farmstead Lane, Farmington, Connecticut, that he is the President of the Henry L. Ferguson Museum, the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporation. 1� Notary Public p My Commission Expires:+ti [Apply seal here] DESRCIPTION OF PROPERTY Robert J Miller to the Henry L. Ferguson Museum A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as 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 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 right whose radius is 341.80 feet and the direction of whose radius at that point is South 27° 55' 00" West; thence running Southeastwardly following. the arc of said curve, 127.00 feet; thence North 2° 46' 36" West about 465 feet to the shore of Middle Farms Pond; thence running Northwesterly following the meanders of said shore line about 770 feet; thence North 840 24' 11" West 50.00 feet to an iron pipe; thence South 23° 14' 22" East 729.36 feet 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" East; thence Souheastwardly along said road line, following the are of said curve 164.78 feet to the point of beginning. Containing 5.60 acres, more or less.