December 13, 1956 – Court Document between John Apperson and TNC

  • December 13, 1956 – Court Document… Made the thirteenth day of December, nineteen hundred and fifty-six…

Between John S. Apperson of Schenectady, New York (party of the 1st part)

And Nature Conservancy, Incorporated, of Washington, D.C., a non-profit corporation for educational and scientific purposes (party of the 2nd part)

Witnesseth, that the party of the first part, inconsideration of one dollar ($1.00), lawful money of the United States, receipt of which is hereby acknowledged; and for other good and valuable considerations, paid by the party of the second part. Do thereby grant and release unto the party of the second part and assigns forever…

All that certain piece or parcel of land situate in the town of Bolton and County of Warren and State of New York and known and distinguished as Dome Island in Lake George, located about 1 ½ miles southeast from the town of Bolton Landing, and being about eighteen hundred (1,800) feet in length and about three hundred and fifty (350) feet in width, containing approximately ten acres of land. And being the same premises conveyed to the party of the first part by KATHARINE M. McCADDON by deed dated September first, 1939, and recorded in the Warren County Clerk’s Office in Book 213 of Deeds at page 27.

BUT IN TRUST NEVERTHELESS, for the following uses and purposes:

The purpose of this conveyance is to perpetuate the wild beauty of Dome Island, maintain the natural forest and soil conditions unimpaired, and to establish a sanctuary for all forms of native plant and animal life for scientific and educational purposes, and to make a permanent inspirational record of the volunteer work done over a long period to protect this Island for the visual enjoyment of the public.

To afford the grantee, Nature Conservancy, the full benefit of the many years of experience in preserving this island the conveyance is made subject to the following conditions:

Statement of General Responsibilities and Functions of the Dome Island Memorial Sanctuary Administrative Committee

Grantee shall appoint a local committee to have charge of the administration of the Sanctuary and the hiring of custodians, subject to the general control of its governing board.”

            From: “Dome Island – Proposed deed provisions.” Approved by the Executive Committee Nature Conservancy. 11-19-56

The proposed deed provisions and the wording of the deed are not the same. In this case, the wording of the deed is controlling and is reproduced here for the guidance of the Committee.

BUT IN TRUST, NEVERTHELESS, for the following uses and purposes,

“The purpose of this conveyance is to perpetuate the wild beauty of Dome Island, maintain the natural forest and soil conditions unimpaired, and to establish a sanctuary for all forms of native plant and animal life for scientific and educational purposes, and to make a permanent inspirational record of the volunteer work done over a long period to protect this island for the visual enjoyment of the public.

“To afford the grantee, Nature Conservancy, the full benefit of the many years of experience in preserving this island the conveyance is made subject to the following conditions:

  1. There shall be no cutting of trees or shrubs or removal of fallen trees or other interference with natural processes except as incidental to the prevention or repair of shore erosion.
  2. Camping and picnicking shall not be permitted in view of the instability of the soil, the serious fire hazard, and the difficulty of maintaining sanitary conditions and sightlines in keeping with the main objectives.
  3. No artificial structures shall be erected on the island or its shores, except signs or notices essential to its protection, and a suitable plaque or marker which shall be provided at the appropriate time and maintained by the grantee in acknowledgement to the grantor and to his many associates who have contributed labor or funds for the protection ad shore restoration of the island.

“Should grantee at any time be unable or unwilling to fulfill the conditions of this deed in accordance with the spirit and intent thereof, it may transfer and convey the premises hereby granted to some other public or non-profit private agency or organization upon the same terms and conditions as herein set forth, failing which, Dome Island shall revert to the grantor or his heirs without restrictions.”

13 December 1956