HomeMy WebLinkAboutL 12999 P 614 I Illllll IIII 11111 Illll IIIII IIIII 11111 IIIII 11111 IIII IIII
111111 IIIII IIIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 02/05/2019
Number of Pages: 25 At: 12 :07 : 16 PM
Receipt Number : 19-0025170
TRANSFER TAX NUMBER: 18-22383 LIBER: D00012999
PAGE : 614
District: Section: Block: Lot:
1000 097 . 00 01 .00 012 .008
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $125 .00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $5 . 00 NO Notation $0 . 50 NO
Cert.Copies $31 .25 NO RPT $200 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $401 .75
TRANSFER TAX NUMBER: 18-22383
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages l RECORDED
;2019 Feb 05 12:07:15 PM
JUDITH A. PASCALE
This document will be public Y CLERK OF
SUFFOLK COUNTS
record.Please remove all L D00012999
Social Security Numbers P 514
prior to recording. } DT# 18-22383
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-594 {� Sub Total
Notation I I� Spec./Assit.
or
EA-52 17(County) Sub Total V' Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held forAppointme t�
Comm.of Ed. 5. 00 Transfer Tax
Affidavit . + Mansion Tax
Certified Copy o The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 Sub Total Total I J�S family dwelling only.
l�ry YES orNO
Other
Grand Total� If NO, see appropriate tax clause on
page# of thisinstrument.
4 Di 3806949 1000 09700 0100 1012008 .008 5 Community Preservation Fund
Real Prc p T SI11I1®0I®11 Consideration Amount$ o
Tax Ser R LPA A
Agen 30JAN49 CPF Tax Due $
Verifice
_ Improved
6 Satisfactions/DischargRt<CORD&RETURNpe yOwners Mailing Address
Vacant Land
Lisa Clare Kombrink, Esq. O
33 W.Second Street TD
Riverhead, New York 11901 TD
TD
Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name STI:(iArr
www.suffolkcountyny.gov/clerk Title#
1,Y1 9 1
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Correction Easement made
by: (SPECIFYTYPE OF INSTRUMENT)
John and Joanne Calabrese The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
Town of Southold In the VILLAGE
or HAMLET of Cutchogue
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
Correction Easement's
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A�- VAj0cAUW,%b1(0,+4
THIS CORRECTION EASE NT("Easement") isVanted this r� day of�w 018, by
Joanne Calabrese and John Calabrese�th an address at P.O. Box 787, Cutchogue, New York l 1935 (the
"Grantor")to-the Town of Southold, a New York municipal corporation having its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York 11971 (the "Grantee")*This is a correction
Easement to correct two omissions and one error in the original Conservation Easement (conveyed by
Grantor on April 12, 2016, and recorded on May 3, 2016 in the office of the Clerk of Suffolk County f
at Liber 1300012862, Page 977): (1) insert a reference to "Appendix 1" in Section 29
("Interpretation"), (2) the insertion of"Appendix 1: Department Clauses" immediately preceding
Exhibit A, and (3) the deletion of bold italics text from the signatures page that is deemed to be
irrelevant to this Conservation Easement. ./, �i R�1- ZS C(Ac ►a9u.e nky
WHEREAS: :l�
A. Grantor is the owner of cert ' real property (the "Property") consisting of 16.577 acres, in one
tax map parcels) located ort 34615 NYS Route 25, Cutchogue, in the Town of Southold,
Suffolk County, New York, and designated as part of SCTM 91000-97-1-12.8, and more fully
described in the legal survey description of the property ("Exhibit A") and as depicted on a
reduced copy of the survey of the Property prepared by Peconic Surveyors, P.C. dated
November 23, 2015 and last revised December 15, 2015 ("Exhibit B"), both attached hereto
and made a part hereof, to be filed with the Suffolk County Clerk simultaneously herewith;
B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General
Municipal Law, §64 of Town Law and Article 49, Title 3 of the Environmental Conservation
Law ("ECL") to acquire conservation easements;
C. Article 14, Section 4 of the New York State Constitution states: "The policy of this state shall
be to conserve and protect its natural resources and scenic beauty and encourage the
development and improvement of its agricultural lands for the production of food and other
agricultural products;"
D. Section 49-0301 of the ECL states: "The legislature hereby finds and declares that in order to
implement the state policy of conserving, preserving and protecting its environmental assets
and natural and man-made resources, the preservation of open spaces, the preservation,
development and improvement of agricultural and forest lands, ..., is fundamental to the
maintenance, enhancement and improvement of...balanced economic growth and the quality of
life in all areas of the state;"
Page 1 of 22
E. Section 300 of Article 25-AA of the New York State Agriculture and Markets Law (the
"AML") states: "It is hereby found and declared that many of the agricultural lands in New
York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural
development extends into farm areas, competition for limited resources results. ... It is,
therefore, the declared policy of the state to conserve, protect and encourage the development
and improvement of its agricultural land for production of food and other agricultural products.
... It is the purpose of this article to provide a locally-initiated mechanism for the protection
and enhancement of New York State's agricultural land as a viable segment of the local and
state economies and as an economic and environmental resource of major importance;"
F. Article 25-AAA, Section 321 of the AML states: "It is hereby found and declared that
agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability,
and environmental and landscape preservation values associated with agriculture," the
Commissioner is authorized to administer programs to assist counties in developing
agricultural and farmland protection plans and to assist both county and municipal
governments in the implementation of such plans. The Commissioner gives priority to projects
that will preserve viable agricultural land, are located in areas facing significant development
pressure and serve as a buffer for a significant natural public resource containing important
ecosystem or habitat characteristics;
G. The Property is located within Suffolk County, which adopted an Agricultural and Farmland
Protection Plan in 1996. The Plan recommends the continued preservation of productive
farmland through the purchase of development rights. In addition, the Plan sets forth the
following goals: to preserve agriculture as an important industry in Suffolk County, preserve
farmland as an important natural resource, and preserve the cultural continuity of farms and
farm families. The plan seeks to preserve 20,000 acres of productive farmland through the
purchase of development rights and to ensure that public policy protects, promotes and sustains
agriculture;
H. The Property is located within the Town of Southold, which adopted the Southold Town Farm
and Farmland Protection Strategy, dated January 2000. The Plan recommends that the Town
continue its efforts to preserve land suitable for farming and ensure that farming remains an
important part of the local economy. The Plan also recommends that the Town participate in
partnership efforts with the Federal, State and County governments and related grant programs
in order to use the Town's limited financial resources most effectively;
1. The Property consists primarily of productive agricultural land. The Property contains
approximately 16 acres of prime soils, as defined by the U.S. Department of Agriculture
Natural Resources Conservation Service;
J. Grantor has received independent legal and financial advice regarding this Easement to the
extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to
accomplish its conservation purposes.
Page 2 of 22
NOW, THEREFORE, in consideration of the foregoing, One Million Sixteen Thousand Three Hundred
Twenty& 001100 Dollars($1,016,320.00) and the mutual covenants, terms, conditions and restrictions
contained herein, the parties agree as follows:
1. Grant of Conservation Easement.
Grantor hereby grants and conveys to Grantee a conservation easement(the"Easement"), an
immediately vested interest in real property defined by Article 49 of Title 3 of the ECL of the nature
and character described herein, for the benefit of the general public, which Easement shall run with
and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to
perform, any act on or affecting the Property that is inconsistent with the covenants contained herein.
Grantor authorizes Grantee to enforce these covenants in the manner described below.
2. Purpose.
The Purpose of this Easement is to conserve Viable Agricultural Land by preventing the
conversion of the Property to non-farm uses, except for those allowed herein. In achieving such
prevention the Property shall be forever reserved for continued Agricultural Use.
3. Implementation.
This Easement shall be implemented by limiting and restricting the non-agricultural development
and non-farm use of the Property in accordance with its provisions. The Property remains subject
to all applicable local, state and federal laws and regulations. This Easement and the administration
of its provisions shall not unreasonably restrict or regulate the Farm Operation on this Property in
contravention of the purposes of Article 25-AA of the AML.
4. Definitions.
4(a). "Agricultural Use" shall be defined as those activities necessary to:
(i.) produce "Crops, Livestock and Livestock Products"; or
(ii.) use the Property as a"Farm Operation" to the extent permitted by this
Easement; or
(iii.) be actively enrolled in any federal or state or local program whose intent is
to temporarily suspend (for a specified period of one or more years or crop
seasons) the production of Crops, Livestock and Livestock Products for the
stipulated purpose of soil and water conservation, wildlife habitat, or similar
conservation purpose; or
(iv.) manage the Property or a portion thereof in a fallow or otherwise idled
manner provided such management is described in a Conservation Plan.
4(b). "Conservation Pian" shall be defined as an Agricultural Environmental Management
(AEM) Conservation Plan (Tier 3 or higher), or such equivalent document that has been
prepared by the local Soil and Water Conservation District, or other qualified
conservation professional, in cooperation with the Grantor.
Page 3 of 22
4(c). "Crops, Livestock and Livestock Products" shall be defined pursuant to Article 25-
AA of the AML, or such successor law as enacted or amended. In the event that this
definition or all of Article 25-AA (and all such successor laws) shall be repealed, then
the definition existing at the time of repeal shall serve thereafter.
4(d). "Farm Labor Housing" means dwellings or structures, together with accessory
improvements used to house seasonal and/or full-time employees where such residences
are provided by the farm owner and/or operator, the worker is an essential employee of
the farm owner and/or operator employed in the operation of the farm and the farm
worker is not a partner or owner of the Farm Operation. For instance, a structure used
as the primary residence of a farm owner and/or operator is not"Farm Labor Housing".
4(e). "Farm Operation" shall be defined pursuant to Article 25-AA of the AML, or such
successor law as enacted or amended. In the event that this definition or all of Article
25-AA (and all such successor laws) shall be repealed, then the definition existing at the
time of repeal shall serve thereafter.
40). "Grantor" includes the original Grantor and his/her/its heirs, successors and assigns.
4(g). "Grantee" includes the original Grantee(s)and its successors and assigns.
4(h). "Impervious Surfaces"are defined as structures or improvements that permanently cover
soil resources. Impervious Surfaces do not include permeable surfaces such as gravel roads
and parking areas; structures whose principal purpose is to protect soil and water resources,
such as manure storage areas; and structures and improvements lacking permanent
foundations. As used herein, "permanent foundations" are defined to be any continuous
hardened surface (e.g., concrete, asphalt, or other similar stabilizing material) that is
attached to, placed on or inserted in the ground and that underlies such building,
structure or improvement.
4(i). "Land Preservation Committee" shall be defined pursuant to Chapter 70 of the Town
Code of the Town of Southold, or such successor law as enacted or amended. In the
event that such definition or all of Chapter 70 (and all such successor laws) shall be
repealed, then the applicable provisions of the Town Code shall serve thereafter.
46). "Lawn" shall be defined as area of land on which grasses or other durable plants are
grown and maintained at a short height and principally used for aesthetic or other
purposes. Land that is in Agricultural Use, including land in a fallow or otherwise idled
manner, is not "Lawn."
Page 4 of 22
A
4(k). "Owner" is defined as any individual or entity, including any heir, successor or assign,
of any legal or equitable interest in all or any portion of the Property,and any party entitled
to the possession or use of all or any part thereof.
4(1). "Recreational Uses" are defined as lawful personal activities including, but not limited
to, hunting, fishing, cross-country skiing, camping, horseback riding and
snowmobiling.
4(m). "Viable Agricultural Land" is defined as land highly suited for agricultural production.
5. Reserved Rights Retained by Grantor.
Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use,
possession and enjoyment of the Property, the rights to sell, lease,and devise the Property, as well as
any other rights compatible with the Purpose set forth in Section 2 ("Purpose")and not specifically
prohibited or limited by this Easement.
No provisions of this Easement should be construed as impairing the ability of Grantor to use this
Property, or a portion thereof encompassing entire separate tax map parcels, as collateral for a
subsequent indebtedness,provided that any subsequent liens on the Property must be subordinate to this
Easement.
Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction
on the use of the Property imposed by law, and nothing in this Easement shall require Grantor to take
any action to restore the condition of the Property from damage or change that could not be
reasonably anticipated by Grantor or that is beyond Grantor's reasonable control and occurring
without Grantor's fault or negligence, including, but not limited to, natural disasters such as
earthquakes, hurricanes or floods or to political or social upheavals such as wars or riots.
5(a). Right to Use Property for Agricultural Uses.
Grantor has the right to engage in the Agricultural Use of the Property and to use the
Property as a Farm Operation provided that any processing, marketing or retailing of
any Crops, Livestock and Livestock Products and that any similar activities involving
any processed product associated with crops or livestock are not permitted on the
Property. Said farming practices shall be carried out consistent with the Conservation
Plan and conducted in accordance with sound agricultural practices, which are practices
necessary for on-farm production of agricultural commodities, provided such practices
are legal, necessary, do not cause bodily harm or property damage off the farm, and
achieve the intended results in a reasonable and supportable way.
"U-Pick" activities shall be deemed a harvesting activity, which is part of a typical
agricultural use of the Property, and, therefore, shall not be deemed a Recreational Use
or as a retail or marketing activity.
Page 5 of 22
5(b). Right to Use Property for Recreational Uses.
Grantor retains the right to use the Property for Recreational Uses, subject to the
limitations set forth in this Easement, including Section 8 ("Construction of Buildings
and Other Improvements"). In all cases, Recreational Uses must be compatible with the
Purpose of this Easement and subordinate to the Agricultural Use of the Property.
6. Conservation Plan.
Grantor and Grantee recognize that changes in economic and environmental conditions, in
agricultural technologies, in accepted farm management practices, and in the Farm Operations of
Grantor may result in changes in the Agricultural Uses of the Property. It is the intention of this
Easement to maintain Grantor's discretion to employ its choices of farm uses and management
practices so long as those uses and practices are conducted in accordance with sound agricultural
practices (as described in Section 5(a)) and in a manner consistent with a Conservation Plan
prepared by a qualified conservation professional or by the local Soil and Water Conservation
District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse
environmental impacts of agricultural activities, as well as enhance the agricultural productivity
and economic viability of the Property. The Conservation Plan shall be updated periodically and
whenever the Farm Operation changes substantially. Upon request, Grantor shall provide a copy
of the most current Conservation Plan to Grantee.
7. Access.
Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use
the Property or any portion thereof where no such right existed in the public immediately prior to
the execution of this Easement.
8. Construction of Buildings and Other Improvements.
Grantor may undertake construction, erection, installation, removal or placement of buildings,
structures, or other improvements to the Property only as provided in this Easement and set forth
below and subject to any other approvals that may be required by federal, state or local laws and
regulations. When permission of Grantee is required under this Section, such permission shall include
any other permission as may be required by the Town Code of the Town of Southold and also as
required elsewhere in this Easement.
8(a). Impervious Surfaces.
It is the intention of this Easement to limit the extent of construction or placement of
Impervious Surfaces on the Property. Grantor shall have the right to cover up to two
percent (2%) of the Property with Impervious Surfaces without permission of the Grantee.
Grantor may, but only with permission of Grantee, cover up to a maximum of ten percent
(10%)of the Property with Impervious Surfaces.
8(b). Fences.
Existing fences may be repaired, removed and replaced, and new fences may be built anywhere
on the Property for purposes of reasonable and customary management of livestock and
wildlife, safety and general management and to prevent trespassing on the Property.
Page 6 of 22
8(c).Agricultural Structures and Improvements.
Agricultural structures and improvements may be placed or constructed on the Property in
accordance with the provisions of this Section 8(c). Upon acceptable establishment of any such
agricultural structure or improvement, each agricultural structure and improvement may be
repaired, removed, enlarged and replaced at its respective location, subject to the Impervious
Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces").
Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious
Surfaces"), Grantor may construct buildings, structures and improvements for such purposes
related to the Farm Operation on up to two percent(2%)of the Property without permission of
Grantee. However, no building, structure or improvement shall be used in any manner that is
associated with the processing, marketing or retailing of any Crops, Livestock and Livestock
Products and no similar activities involving any processed product associated with crops or
livestock shall be permitted on the Property With permission of Grantee, Grantor may construct
buildings, structures and improvements related to the Farm Operation as described above, that
would cover up to an additional eight percent(8%)of the Property. In the construction or
placement of any Impervious Surfaces within the Property, the Grantor shall use all _
practical means to minimize the extent of coverage over or associated impacts to prime
soils and soils of statewide importance.
8(d). Farm Labor Housing.
Farm Labor Housing may be placed or constructed on the Property in accordance with the
provisions of this Section 8(d). Upon acceptable establishment of any Farm Labor Housing,
such Farm Labor Housing may be repaired, removed, enlarged and replaced at its respective
location.
Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious
Surfaces"), Grantor may construct or place dwellings or structures and improvements
exclusively for Farm Labor Housing on up to one percent (1%) of the Property without
permission of the Grantee. With permission, Grantor may construct or place additional
Farm Labor Housing on the Property as proven necessary to conduct current Farm
Operations. The land on which these dwellings, structures and improvements stand shall
not be subdivided, except as permitted in Section 11 ("Subdivision").
8(e). Recreational Structures, Improvements and Activities.
Structures and improvements associated with Recreational Uses are permitted on the Property as set
forth below so long as such improvements,structures and activities are compatible with the Purpose
of this Easement and subordinate to the Agricultural Use of the Property. No structures,
improvements or activities associated with Recreational Uses shall impair in any way the
Agricultural Use of the Property. Recreational Uses shall not include golf courses and ranges.
Page 7 of 22
Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious
Surfaces'), Grantor may only conduct Recreational Uses and may only construct or place
structures or improvements associated with such activities during any portion of a growing
season, provided that each such structure, improvement or activity is (i) compatible with
the Purpose of this Easement, (ii) subordinate to the Agricultural Use of the Property, and
(iii) constructed, placed or conducted to avoid impairing topsoil or, if topsoil is impaired,
with remediation of any resulting topsoil impairment. All such structures, improvements and
activities shall be located in a manner that minimizes the impact to prime soils or soils of
statewide importance. Grantor may enlarge, construct or place new permanent, recreational
structures or improvements on the Property up to an aggregate of four hundred (400)
square feet in size without permission of Grantee. Permission of Grantee is required for
permanent recreational structures or improvements that exceed an aggregate footprint of
four hundred (400) square feet.
During only the dormant (i.e., off-season) period between the harvest of one crop and
planting of another in an annual crop cycle, or during the fallow period (up to three years)
in any crop field, recreational activities (e.g., cross-country skiing) may be conducted on
the Property without limitation.
8(f). Utility Services and Septic Systems.
Wires, lines, pipes, cables, tanks, or other facilities providing electrical, gas, water, sewer,
sanitary sewer, septic, communications, or other like services to or from the improvements
permitted in this Easement may be installed, maintained, repaired, removed, relocated and
replaced for such purposes. All such services and systems shall be compatible with the
Purpose of this Easement, subordinate to the Agricultural Use of the Property and located in
a manner that minimizes the impact to prime soils or soils of statewide importance.
8(g). Alternative Energy Structures and Improvements.
Structures and improvements necessary to undertake alternative energy activities (such as
wind, solar, and other similar energy generation) are permitted as further described below,
provided they are compatible with the Purpose of this Easement, subordinate to the
Agricultural Use of the Property, and located in a manner that minimizes the impact to prime
soils or soils of statewide importance.
Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious
Surfaces"), such structures and improvements, including roads and drainage ditches, may be
built on the Property only with the permission of Grantee, which may be conditioned upon
the posting of a bond. These structures and improvements are permitted only if the activity
is limited and localized in impact affecting no more than two percent (2%) of the Property
at one time.
Prior to determining the location of a site for these structures and improvements on the Property,
the Grantor shall notify the Grantee,the New York State Department of Agriculture and
Page 8 of 22
Markets, and the local Soil and Water Conservation District to give them an opportunity to
participate in an onsite meeting to review proposed locations. Grantor shall comply with the
New York State Department of Agriculture and Markets guidelines regarding agricultural
impact avoidance, mitigation and remediation for construction of such structures.
9. Maintenance and Improvement of Water Sources.
Grantor may use, maintain, establish, construct, and improve water sources,water courses and water
bodies within the Property for the uses permitted by this Easement. Grantor may alter the natural flow
of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion and/or
flooding, provide irrigation for the Property or improve the agricultural or forest management potential
of the Property, provided such alteration is consistent with the Conservation Plan is in accordance with
sound agricultural practices (as described in Section 5(a)), is compatible with the Purpose of this
Easement, and is carried out in accordance with applicable local, state and federal laws and regulations.
10. Water Rights.
Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the
Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not
transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself.
11. Subdivision.
The Property is currently comprised of one tax map parcel owned by Grantor, designated as p/o
SCTM #1000-97-1-12.8.
The Property is not to be further subdivided pursuant to Town Law Sections 265, 276 or 277 or
Section 335 of the Real Property Law, as they may be amended, or any other applicable State or
local law, except as provided herein. As required by applicable law and subject to approval by the
Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that
(1) each resulting parcel contains at least 10 acres of Viable Agricultural Land and (2) each such
parcel is permanently protected with a perpetual conservation easement (whose purpose is
equivalent to that stated in Section 2 of this Easement). Notwithstanding the above, Grantor is
subject to a further Declaration of Covenants and Restrictions recorded as of the date hereof
prohibiting subdivision of the Property from "Excluded Area# 1" shown on the survey attached
hereto and made a part hereof. Subdivision of"Excluded Area#2" shown on the survey attached
hereto and made a part hereof from the Property shall not be prohibited.
In the event that any Subdivision of the Property is approved by the Grantee, any portion of the
Property so Subdivided shall remain subject to this Easement and approval by the Grantee must
allocate to the Subdivided portion of the Property any portion of the following rights then
remaining which are to be applied to the Subdivided portion:
(a) Construction of Impervious Surfaces as set forth in Section 8(a) ("Impervious
Surfaces");
(b) Construction or placement of agricultural structures and improvements under Section
8(c), ("Agricultural Structures and Improvements");
Page 9 of 22
(c) Construction or placement of Farm Labor Housing under Section 8(d), ("Farm Labor
Housing");
(d) Construction or placement of recreational structures and improvements under Section
8(e), ("Recreational Structures, Improvements and Activities"); and
(e) Construction of alternative energy structures and improvements under Section 8(g),
("Alternative Energy Structures and Improvements").
Such allocation of the rights in the noted sections shall not result in allowances greater than those
allowed under each such section. At the discretion of Grantee, a functionally and materially
equivalent Easement covering the Subdivided portion of the Property may be required and, if so, it
shall be recorded immediately following its conveyance.
Mortgages or other non-possessory interests in land do not constitute Subdivision for the purpose
herein, provided such interests encompass the whole Property or such portion of the Property for
which the Grantee has approved a Subdivision as noted above.
12. Forest Management.
Without permission of Grantee, Grantor may clear forested areas for conversion to farmland,
harvest wood for use on the Property including heating or construction of buildings and
improvements, manage forested areas for wildlife habitat and recreation, and remove trees that are
fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted
forest best management practices.
Without permission from Grantee, Grantor may commercially harvest timber and other wood
products, conduct timber stand improvements and construct, maintain, remove, and repair unpaved
access roads and "staging areas", those areas where logs are temporarily stored for transport
necessary for such activities. All such activities shall be in accordance with generally-accepted
forestry best management practices. Such commercial timber harvests and timber stand
improvements shall be carried out in accordance with a forest management plan and harvest plan
prepared by a forester who is certified by the Society of American Foresters or such successor
organization as is later created, a Cooperating Consulting Forester with the New York State
Department of Environmental Conservation or a qualified forester approved by Grantee.
Grantor shall give Grantee, its successors or assigns, written notice not less than forty-five (45)
days prior to the anticipated commencement of any commercial timber harvest or timber stand
improvement. Such written notice shall include submission of the current forest management plan
and harvest plan.
13. Mining and On-Site Extractive Activity.
13(a). Sand and Gravel Extractive Activities.
The removal of topsoil, sand and gravel, or other material for exportation and/or sale shall be prohibited.
Mineral exploitation and extraction by any method is prohibited. Soil may only be moved and/or
removed in accordance with a Conservation Plan (Section 6), to promote required drainage
Page 10 of 22
activities, to construct and maintain permitted structures and improvements on the Property, and
for agricultural uses.
14. Road Construction.
Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"),
Grantor may construct roads to provide access to, and parking for, permitted buildings or
improvements, or to conduct other activities permitted by this Easement and maintain existing roads or
construct new roads to provide access to"Excluded Area# I"shown on the survey attached hereto and
made a part hereof. Roads constructed on the Property shall be located in a manner that minimizes
impacts to prime soils and soils of statewide importance.
15. Dumping and Trash.
The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage,
trash or debris on the Property is prohibited, other than agriculturally-related waste or
biodegradable material in accordance with sound agricultural practices (as described in Section
5(a)) and in a manner consistent with the Conservation Plan and all applicable State or federal laws
or regulations. However, this shall not prevent the storage of agricultural products and byproducts,
the storage of old farm equipment used for parts, and the composting or re-use of biodegradable
materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated
off the Property for non-commercial use on the Property, so long as they are used and stored in
accordance with sound agricultural practices (as described in Section 5(a)). No biodegradable
material used for composting, whether generated on the Property or imported to the Property, may
be used for resale. Notwithstanding the foregoing, the storage and treatment of sewage associated
with buildings permitted on the Property is permitted by this Easement.
lb. Permission of Grantee.
When Grantor is required to obtain permission for a proposed action pursuant to the Easement,
such permission shall be requested in writing of the Grantee, which shall be preceded by a review
by its Land Preservation Committee. Grantee shall grant permission only after its Land
Preservation Committee has determined that such action is 1)compatible with the Purpose of this
Easement and 2) subordinate to the Agricultural Use of the Property. Such permission shall not be
unreasonably withheld. Grantee shall respond with a decision in writing within forty-five (45) days of
receipt of the Grantor's written request which shall include all relevant building plans identifying the
use, footprint and total square footage of any proposed structures, and related survey information,
if available. If mutually agreed upon by Grantee and Grantor, this timeline may be reasonably
extended. Grantee shall not be liable for any damages for any failure to grant permission to Grantor.
The permission contemplated in this Section is in addition to any other approvals that may be required
by federal, state or local laws and regulations.
17. Ongoing Responsibilities of Grantor and Grantee.
Other than as specified herein, this Easement is not intended to impose any legal or other responsibility
on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but
not limited to, the following:
Page I I of 22
17(a). Taxes.
Grantor shall be solely responsible for payment of all taxes and assessments levied against the
Property.
17(b). Upkeep and Maintenance.
Grantor shall be solely responsible for the upkeep and maintenance of the Property,to the extent
required by law and this Easement. However, under no circumstances shall the Grantor establish
or maintain a Lawn on the Property. Grantee shall have no obligation for the upkeep or
maintenance of the Property.
17(c). Liability and Indemnification.
Grantor agrees to indemnify and hold Grantee and the State of New York, Department of
Agriculture and Markets harmless from any and all costs, claims or liability, including but
not limited to reasonable attorneys fees arising from any personal injury, accidents,
negligence or damage relating to the Property, or any claim thereof, unless due to the
negligence of Grantee or its agents, in which case liability shall be apportioned accordingly.
18. State as Intervenor and Mediator Regarding Interpretation of Selected Defmitions and Terms
and Selected Implementation of Provisions.
Consistent with the policy of this state, as contained in Section 4 of Article 14 of the New York
State Constitution and as (i) articulated in Section 300 of Article 25-AA of the AML, and (ii)
demonstrated by the New York State share of the consideration paid for this Easement as
authorized by Section 325 of Article 25-AAA of the AML, the New York State Department of
Agriculture and Markets shall perpetually retain the right to intervene on any of the matters listed
below provided any such intervention or mediation shall also be specifically limited as set forth
below:
(i.) advise the Grantor and Grantee of the State's interpretation of the following specific
terms and definitions contained in and as used throughout this Easement—
a. Agricultural Use,
b. Conservation Plan,
C. Crops, Livestock and Livestock Products,
d. Farm Labor Housing,
e. Farm Operation,
f. sound agricultural practices (as described in Section 5(a)), and
g. Viable Agricultural Land;
(ii.) advise the Grantor and Grantee of the State's interpretation of the Purpose of this
Easement; and
(iii) advise the Grantor and Grantee of the State's interpretation of the Grantee's proposed
or
demonstrated administration of the provisions of this Easement that the Department
would deem as unreasonably restrictive on the Farm Operation on this Property so as to
be in contravention of the purposes of Article 25-AA of the AML.
Page 12 of 22
Any such intervention by the Department shall be offered and intended to serve as non-binding
advice to the Grantor and Grantee in an effort to avoid potential violations of this Easement that
would have arisen from either party's misinterpretation of any specific item noted above.
Furthermore, if a dispute arises between the Grantor and the Grantee concerning the consistency of
any proposed use or activity with the Purpose(s) of this Easement or any of the specific provisions
contained herein, and Grantor agrees not to proceed with the use or activity pending resolution of
the dispute, either party may request a meeting between the parties and the New York State
Department of Agriculture and Markets for mediation. Within ten (10) days of such request,
Grantor and Grantee shall schedule a meeting with the New York State Department of Agriculture
and Markets, which will recommend potential resolutions of the dispute.
Notwithstanding anything in Section 3 ("Implementation"), nothing in this clause shall otherwise
diminish Grantee's rights under Section 22 ("Enforcement").
19. Extinguishment of Development Rights.
Except as otherwise reserved to the Grantor in this Easement,all non-agricultural development rights
appurtenant to the Property are hereby released,terminated and extinguished, and may not be used on or
transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any
other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the
Property or any other property.
20. Baseline Documentation.
By its execution of this Easement, Grantee acknowledges that the present uses of, and related
structures and improvements on the Property are permitted by this Easement. In order to evidence
the present condition of the Property so as to facilitate future monitoring and enforcement of this
Easement, a Baseline Documentation Report (the "Report"), including relevant maps and
photographs, describing such condition at the date hereof, has been prepared and subscribed by
both parties, and a copy thereof has been delivered to Grantor and a copy will be kept on file with
Grantee. The Report may be used by Grantee to establish that a change in the use or character of the
Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to
establish the condition of the Property as of the date of this Easement.
21. Right of Inspection.
Grantee shall have the right to enter upon the Property with forty-eight(48) hours advance notice to
Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection
shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday
recognized by the State of New York or at a date and time that is mutually agreeable to the Grantee
and Grantor. In the instance of a violation or suspected violation of the terms of this Easement
which has caused or threatens to cause irreparable harm to any of the agricultural or other
resources this Easement is designed to protect, no such advance notice is required. Representatives
of the New York State Department of Agriculture and Markets shall have the same right of inspection.
Page 13 of 22
22. Enforcement.
If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor,
giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in
Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish
or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if
necessary, through temporary or permanent injunction.
In addition to injunctive relief, Grantee shall also be entitled to seek the following remedies in the event
of a violation: 1)money damages, including damages for the loss of the resources protected under the
Purpose of this Easement; and 2)restoration of the Property to its condition existing prior to such
violation.
Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing
at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall
reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including,
but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to
take immediate legal action shall not bar Grantee from doing so at a later time. In any case where
a court finds no violation has occurred, each party shall bear its own costs.
23. Transfer of Easement.
Grantee shall have the right to transfer this Easement to any private non-governmental organization or
public agency that, at the time of transfer is a"public body" or a"not-for-profit conservation
organization" as defined by Article 49 of the ECL or a "qualified organization"under Section 170(h)
of the Code or a soil and water conservation district board pursuant to Section 9(4-a)of the Soil and
Water Conservation Districts Law, provided the transferee expressly agrees to assume the responsibility
imposed on Grantee by this Easement. If Grantee ceases to exist or qualify under Article 49 of the ECL
and Section]70(h) of the Code, a court of competent jurisdiction shall transfer this Easement to another
qualified organization having similar purposes that agrees to assume the responsibilities imposed by this
Easement. Grantor and the New York State Department of Agriculture and Markets must be notified in
writing in advance of any such transfer. The Department of Agriculture and Markets must approve the
choice of any new non-governmental organization or public agency designated as"Grantee."
24. Transfer of Property.
Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the
Property, shall be subject to this Easement, and any deed or other instrument evidencing or
effecting such conveyance shall contain language substantially as follows: "This {conveyance,
lease, mortgage, easement, etc.) is subject to a Conservation Easement which runs with the land
and which was granted to ToL-,r G f%vhf, dby instrument dated and recorded in the
office of the Clerk of Suffolk County at Liber , Page ' ." Grantor shall notify Grantee and the
New York State Department of Agriculture and Markets in wasting at least thirty (30) days before
conveying the Property,or any part thereof or interest therein,to any third party. The failure to notify
Grantee or New York State Department of Agriculture and Markets or to include said language in
Page 14 of 22 A( /?-0 � ',�
any deed or instrument shall not, however, affect the validity or applicability of this Easement to
the Property or limit its enforceability in any way.
25. Alienation
No property rights acquired by Grantee hereunder shall be alienated except upon notice to the New
York State Department of Agriculture and Markets and pursuant to the provisions of Chapter 70 of the
Town Code, or any successor chapter, following a public hearing and, thereafter,ratified by a
mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the
provisions of the Town Code shall alter the limitations placed upon the alienation of these property
rights or interests which were acquired by the Town prior to any such amendment.
In the event of any such alienation as provided in this Section 25, Section 28 ("Proceeds") of this
Easement shall apply to such alienation.
26.Amendment of Easement.
This Easement may be amended only with the written consent of Grantee and the then current Owner of
the Property and with the approval of the New York State Department of Agriculture and Markets. Any
such amendment shall be compatible with the Purpose of this Easement and shall comply with the ECL
or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate Farm
Operations in contravention of the purposes of Article 25-AA of the AML or such successor law as
enacted or amended. Any such amendment to this Easement shall be duly recorded.
27.Extinguishment of Easement.
At the mutual request of Grantor, Grantee, and the New York State Department of Agriculture and
Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have
changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section
2 ("Purpose"), extinguish or modify this Easement in accordance with applicable law. The mere
cessation of farming on the Property shall not be construed to be grounds for extinguishment of
this Easement.
Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain makes
it impossible to continue use of all or such portion of the Property for the Purpose of this Easement
as described in Section 2 ("Purpose") herein, the restrictions may be extinguished as to any such
portion so condemned by judicial proceeding. Upon any subsequent sale, exchange or involuntary
conversion (pursuant to this Section) by the Grantor, Grantee shall be entitled to a portion of the
proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds,
in accordance with Section 28 ("Proceeds") herein.
In the event that Grantor retains the Property subsequent to any such extinguishment or partial
extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair
market value of the Property or a portion of the Property as to which the extinguishment applies
times the percentage determined under Section 28.
Page 15 of 22
28. Proceeds.
The grant of this Easement gives rise to a property right, immediately vested in Grantee, which property
right has a monetary value in the event of an extinguishment or partial extinguishment or proceeds from
a sale or other disposition of the Property as contemplated in Section 27("Extinguishment of
Easement"). That monetary value is determined as follows: multiply (a) times (b), where—
(a) =the Grantee's Proportionate Share, and
(b) = the value of that portion of the Property no longer encumbered by this Easement as the
result of the extinguishment.
Grantee's Proportionate Share shall be determined by dividing the value of this Easement, calculated as
of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. For
this Easement, the Grantee's Proportionate Share is sixty-eight and eight tenths percent(68.8%), and
shall remain constant, subject only to reasonable adjustment to the extent permissible under Section
170(h) of the Code for any improvements which may hereafter be made on the Property.
With regard to the portion of such Proportionate Share equal to that paid using State grant funds,
Grantee agrees to use such portion in a manner compatible with the Purpose of this Easement. Prior to
such re-use, Grantee must provide written notification to the New York State Department of Agriculture
and Markets and to the Suffolk County Agricultural and Farmland Protection Board.
29. Interpretation.
This Easement shall be interpreted under the laws of the State of New York, or federal law, as
appropriate. This Easement shall be liberally construed to affect the Purpose of this Easement. If any
provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of
this Easement that would render the provision valid shall be favored over any interpretation that would
render it invalid.
If a dispute arises between the Grantor and the Grantee concerning the interpretation of any clause of
this Easement such that there is a conflict between the clauses required by the New York State
Department of Agriculture and Markets("Department"), listed in the attached Appendix 1, and the
remaining clauses of the Easement, an interpretation consistent with the Department clauses that would
render the Department clauses valid shall be favored over any interpretation that would render such
clauses invalid.
30. Recitals and Exhibits Incorporated Herein.
Any and all recitals in this Easement are agreed by the parties to be accurate, are incorporated into this
Easement by this reference,and shall constitute integral terms and conditions of this Easement. Any
and all exhibits and addenda attached to and referred to in this Easement are hereby incorporated into
this Easement as if fully set out in their entirety herein.
Page 16 o f 22
31. Successors.
Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective
agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a
servitude running in perpetuity with the Property.
32. Severability.
Invalidity of any of the covenants,terms or conditions of this Easement, or any part thereof,by court
order or judgment shall in no way affect the validity of any of the other provisions hereof which shall
remain in full force and effect.
33. Notices.
Any notice required or desired to be given under this Easement shall be in writing and shall be sent
(i) by personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via
Federal Express or other private courier of national reputation providing written evidence of
delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon
delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as
follows: 1) if to Grantee, at the address set forth above and to Town Attorney, Town of Southold,
at the same address; 2) if to Grantor, at the address set forth above; 3) if to any subsequent owner,
at the address of the Property; or 4) if to New York State Department of Agriculture and Markets,
l OB Airline Drive, Albany, New York 12235. Any party can change the address to which notices
are to be sent to him, her or it by duly giving notice pursuant to this Section 33.
34. Title.
The Grantor covenants and represents that the Grantor is the sole owner and is seized of the
Property in fee simple and has good right to grant and convey the aforesaid Easement; that the
Property is free and clear of any and all mortgages not subordinated to this Easement, and that the
Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the
aforesaid Easement.
35. Subsequent Liens on Property.
No provisions of this Easement should be construed as impairing the ability of Grantor to use this
Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a
subsequent borrowing. Any subsequent liens on the Property must be subordinate to this Easement.
36. Subsequent Encumbrances.
The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. Any
future encumbrances shall be consistent with the primary Purpose of this Easement and shall not
unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of
the Agriculture and Markets Law.
37. Grantor's Environmental Warranty.
Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous
substances or wastes on the Property, as such substances and wastes are defined by applicable law, and
Page 17 of 22
hereby promises to hold harmless, defend,and indemnify Grantee and New York State Department of
Agriculture and Markets against and from, any and all loss,cost, claim(without regard to its merit),
liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of
hazardous waste or violation of environmental laws.
If at any time after the effective date of this Easement there occurs a release in, on, or about the
property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any
federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise
contaminating to the air, water, or soil, or in any way harmful or threatening to human health or
the environment, Grantor agrees to take all steps that may be required under federal, state, or local
law necessary to assure its containment and remediation, including any cleanup.
Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the
New York State Department of Agriculture and Markets to exercise physical or management
control over the day-to-day operations of the Property, or any of Grantor's activities on the
Property, or otherwise to become an operator or arranger with respect to the Property within the
meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance.
38. Duration of Easement.
Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no
merger of title,estate or interest shall be deemed effected by any previous, contemporaneous, or
subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to
Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged
into, any other interest or estate in the Property now or hereafter held by Grantee.
39. Entire Agreement.
This instrument sets forth the entire agreement of the parties with respect to the Easement and
supersedes all prior discussions, negotiations, understandings and agreements relating to the
Easement, all of which are merged herein. No alteration or variation of this instrument shall be
valid or binding unless contained in an amendment that complies with Section 26 ("Amendment of
Easement").
40. Waiver.
No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed
to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising
by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in
writing by Grantee.
41. Binding Effect.
The provisions of this Easement shall run with the Property in perpetuity and shall bind and be
enforceable against the Grantor and all future owners and any party entitled to possess or use the
Property or any portion thereof while such party is the owner or entitled to possession or use thereof.
Page !8 of 22
Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the
Property transferred,cease being a Grantor or Owner with respect to such Property for purposes of this
Easement and shall have no further responsibility, rights or liability hereunder for acts done or
conditions arising thereafter on or with respect to such Property,but the transferor shall remain liable
for earlier acts and conditions done or occurring during the period of his or her ownership or conduct.
42. Lien Law.
This conveyance is made subject to the trust fund provisions of Section Thirteen of the New York
Lien Law.
43. Captions.
The captions in this instrument have been inserted solely for convenience of reference and are not
a part of this instrument and shall have no effect upon construction or interpretation.
r
Page 19 of 22
IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have hereunto set
their hands on the date first above written.
Grantor:
Joanne Calabrese
Grantor: 0-r
John Calabr
Grantee: Town of outhold
By:
Scott A. Russell, Supervisor
State of New York )
County of Suffolk ) ss.:
On the I-71� day of Dtc- in the year 2018 before me,the undersigned, personally appeared Joanne
Calabrese, 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 a person upon behalf
of which the individual acted, executed the instrument.
gig,
ature/office of individual taking ackno
J
ANEHEN
State of New York ) e or New York
33267
olk County
County of Suffolk ) ss.: pes Nov 16.2019
On the 11J� day of-%)ec. in the year 2018 before me, the undersigned, personally appeared John
Calabrese, 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.
C.
Signature/office of individual taking acknowledgement
9�t--
Page 20 of 22 JAME C COVEN
Notary N4 io,C 63 3 67 w York
Qu4k�eb USw�tiK�ur,�l
My Commission Expues 404 4,201q
r
State of New York )
County of Suffolk ) ss.:
4n the day of&4,C , in the year 2018 before me, the undersigned, personally appeared Scott A.
Russell, 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.
Signatur office of individual taking acknowledgement
LAUREN M. STANDISH
Notary Public, State of New York
No.01 ST6164008
Qualified in Suffolk County
Commission Expires April 9,2019
Page 21 of 22
APPENDIX I
DEPARTMENT CLAUSES
- Required"VA4EREAS"provisions("C,""D,""F,""G,""H,"and"I")
-"P se"
-"Implementation"
-"Definitions": "Agricultural Use,""Conservation Plan,""Crops, Livestock and Livestock Products,"
"Farm Labor Housing,""Farm Operation,"and"Viable Agricultural Land."
-"State as Intervenor and Mediator Regarding Interpretation of Selected Definitions and Terms and selected
Implementation of Provisions"
-Other miscellaneous policies: "Impervious Surfaces,""Land disturbances Associated with Non-
Agricultural Activities,""sound agricultural practices,""Proceeds"and"Interpretation"
Page 22 of 22
EXHIBIT A
Development Rights Easement Area
ALL that certain plot,piece or parcel of land,situate,lying and being at Cutchogue, in the Town
of Southold,County of Suffolk and State of New York,being District 1000 Section 097.00 Block
01.00 Part of Lot 012.008,bounded and described as follows:
STARTING at a monument on the northerly side of Main Road(S.R.25),said point being
853.34 feet westerly from the comer formed by the intersection of the westerly side of Bridge
Lane and the northerly side of Main Road(S.R.25);
RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument
at the point or place of BEGINNING;
RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point,
where the same is intersected by the division line between premises herein and lands now or
formerly of County of Suffolk Palmer Vines LLC;
RUNNING THENCE along said division line the following courses and distances:
North 20 degrees 03 minutes 40 seconds West 194,32 feet;
South 69 degrees 56 minutes 20 seconds West 167.31 feet;
South 50 degrees 17 minutes 50 seconds West 183.50 feet;and
North 44 degrees 51 minutes 40 seconds West 701.40 feet to a point;
THENCE northeasterly North 45 degrees 08 minutes 20 seconds East 330.00 feet;
THENCE northwesterly North 44 degrees 51 minutes 40 seconds West 278.07 feet to a point,
where the same is Intersected by the division line between premises described herein and lands
now or formerly of Pugliese Vineyards LLC Town of Southold;
THENCE along said division line North 45 degrees 08 minutes 20 seconds East 352.32 feet to a
point;
THENCE southeasterly the following courses and distances:
South 44 degrees 58 minutes 30 seconds East 45.07 feet;
South 43 degrees 49 minutes 30 seconds East 655.10 feet;
South 43 degrees 58 minutes 20 seconds East 666.63 feet;and South 43 degrees 51 minutes
40 seconds East 74.10 feet to a monument;
THENCE southwesterly South 69 degrees 56 minutes 20 seconds West 401.42 feet to a
monument at the point or place of BEGINNING.
Said premises being District 1000 Section 097.00 Block 01.00 Part of 012.008 and known as
the"Development Rights Easement Area'as shown on Survey made by Peconic Surveyors,
P.C.dated 11123/2015,last revised 12115/2015.
EXHIBIT B
SURVEY OF PROPERTY
AT CUTCHOOUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-47--pr-yea
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