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Home My WebLink AboutL 9633 P 372~ 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 -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. (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, -3- 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 -4- 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 -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 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 -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: 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 -7- 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,