HomeMy WebLinkAboutPeconic Land Trust 1000-59.-8-2 LILLIAN F.MCCULLOUGHS�FFO(�- OFFICE LOCATION:
LAND PRESERVATION ��� CSGTown Hall Annex
EXECUTIVE ASSISTANT 54375 State Route 25
lillianm@southoldtownny.gov1 (corner of Main Rd&Youngs Ave)
C
H = Southold,New York
Telephone(631)765-5711 v►
Facsimile(631)765-6640 MAILING ADDRESS:
P.O.Box 1179
www.southoldtownny.gov Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
RECEIVED
To: Denis Noncarrow
Town Clerk JUN 2 7 2023
From: Lillian McCullough �®�fh®�� Town clerk
Land Preservation Executive Assistant
Date: June 26, 2023
Re: Peconic Land Trust Incorporated to TOWN OF SOUTHOLD
Conservation Easement(0.48 acres)
SCTM#1000-59.-8-2
Premises: 6480 Soundview Ave,Peconic
Denis:
Enclosed for safekeeping in your office,please find the following documents:
• Original Grant of Development Rights Easement dated December 16, 2022,between
Peconic Land Trust Inc. and the Town of Southold,recorded in the Suffolk County Clerk's
office on February 2, 2023, in Liber D00013187 at Page 395
• DEC conservation easement registry letter
• Closing Statement
• Closing,Memo
Thank you.
Lillian McCullough
Land Preservation Executive Assistant
Encl.
cc: Assessors w/copy of recorded easement& survey
CLOSING STATEMENT
PECONIC LAND TRUST, INCORPORATED
(formerly owned by Iserman)
to
TOWN OF SOUTHOLD
Gift of Conservation Easement
SCTM #1000-59.-8-2
Premises: 6480 Sound View Avenue, Southold
0.48 acre Conservation Easement
Executed document delivered to title closer for recording purposes on
December 16, 2022 — Southold Town Hall Annex
Purchase Price (Gift): $ -0-
Expenses of Closing:
Recording Fees
Suffolk County Clerk (recording easement) $ 390.00
Check #150430 (11/29/2022)
Suffolk County Clerk (certified copy of easement) $ 42.50
Check #150743 (1/3/2023)
Title Company Closer Fee
Robert DeFrese $ 275.00
Check #150643 (1/3/2023)
Those present at deliverance of executed documents:
Scott A. Russell Southold Town Supervisor
Mary C. Wilson, Esq. Attorney for Town of Southold
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Management Specialist II
Robert DeFrese Title Closer
TOWN OF SOUTHOLD
VENDOR 019782 SUFFOLK COUNTY CLERK 11/29/2022 CHECK 150430
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
A .8710.4.600.100 36577 110422 RCRDNG FEE-1000-59.-8-2 390.00
TOTAL 390.00
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TOWN OF SOUTHOLD AUDIT 11/29/22
53095 MAIN ROAD,PO BOX 1179
SOUTHOLD,NY 11971-0959 CHECK NO. 150430
THE SUFFOLK CO.NATIONAL BANK
CUTCHOGUE,NY 11935 DATE AMOUNT 1
50-546/214 11/29/2022 $390.00
THREE HUNDRED NINETY AND 00/100 DOLLARS
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PAY SUFFOLK COUNTY CLERK
TO THE 310 CENTER DRIVE w M
ORDEROF RIVERHEAD NY 11901 Oy
1i' L50430,10 1:0 2 L405464I: 63 000004 011'
Fideiity National Title
Insurance Services LLC
24 Commerce Drive
Invoice Riverhead, 11901
(631)727.060000
Date 12/19/22 (631)727-0606
Town of Southold Courtesy - Easement
6480 Sound View Ave
Southold NY
Invoice# Application Date Report Date
DESCRIPTION TOTAL
Cert copy of ease 42.50
PLEASE MAKE CHECK PAYABLE TO
SUFFOLK COUNTY CLERK
SUBTOTAL
TOTAL DUE 42.50
THANK YOU!
Rob DeFrese
TOWN
am—
TOWN OF SOUTHOLD
VENDOR 019782 SUFFOLK COUNTY CLERK 01/03/2023 'CHECK 150743
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FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
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A .8710.4.600.100 22-865 .121622 CRTFD COPY—ESMNT—ISERMAN 42.50
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TOTAL 42.50 .
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TOWN OF SOUTHOLD 01/03/23 AUDIT
53095 MAIN ROAD,PO BOX 1179
SOUT HOLD,NY 11971-0959 CHECK NO. 150743
THE SUFFOLK CO.NATIONAL BANK
CUTCHOGUE,NY 11935 1 DATE AMOUNT
50-546/214 01/03/2023 $42.50
FORTY TWO AND 50/100 DOLLARS
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AY SUFFOLK COUNTY CLERK
TO THE 310 CENTER DRIVE
ORDER
OF RIVERHEAD NY 11901
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11150743us 1:0 2 140 54641: 63 000004 011'
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Robert-DeFrese
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Title Closer
5223 Indian Neck Lane
Peconic, NY 11958
Office: 631-727-0600
Cell: 631-535-3709
Email: rdefresercfns.com
Tule umber:
Date of Ciosing:
• d So�,v� V �w Pti-T
Pre 8
Total Due:
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TOWN OF SOUTHOLD
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VENDOR 003992 ROBERT DEFRESE 01/03/2023 CHECK 150643'
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FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
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A .8710.4.600.100 22-865 121622 TITLE CLOSR FEE—ISERMAN 275.00
TOTAL 275.00
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TOWN OF SOUTHOLD 01/03/23 AUDIT
53095 MAIN ROAD,PO BOX 1179
SOUTHOLD,NY 11971-0959 CHECK NO. 150643
THE SUFFOLK CO.NATIONAL BANK
CUTCHOGUE,NY 11935 DATE AMOUNT
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50-546/214 01'/03/2023 $275.00
TWO HUNDRED SEVENTY FIVE AND 00/100 DOLLARS
o�Q�1�FFOCk�oGy
PAY .,ROBERT DEFRESE
N W,
TO THE C/O FIDELITY NATIONAL TITLE
ORDER 0
' 24 COMMERCE DRIVEOF
RIVERHEAD NY 11901
ii' 15064,311' 1:0 2 14051, 1310 63 000004 0110
SUFFQ(� OFFICE LOCATION:
MELISSA A.SPIROC�G Town Hall Annex
LAND PRESERVATION COORDINATOR �.Z. .j, 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Rd&Youngs Ave)
H Southold,New York
Telephone(631)765-5711 W_ n1
Facsimile(631)765-6640 MAILING ADDRESS:
P.O.sox 1179
www.southoldtownny.gov ��j �.a Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Land Management
Land Preservation Committee Town Comptroller
Town Attorney Planning Board
Public Works Peconic Land Trust
Suffolk Co Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: December 16, 2022
Re: PECONIC LAND TRUST, INCORPORATED (f.k.a. Iserman)to TOWN OF SOUTHOLD
SCTM#1000-59.-8-2
Conservation Easement
Please be advised that the Town of Southold has acquired a conservation easement on the property
listed above. If you would like any additional information regarding the purchase, please feel free to
contact me.
LOCATION: 6480 Sound View Avenue, Southold
SCTM#: 1000-59.-8-2
PROPERTY OWNER: Peconic Land Trust, Incorporated
CLOSING DATE: December 16, 2022
PURCHASE PRICE: Gift of Conservation Easement
EASEMENT ACREAGE: 0.48 acre
TOTAL PARCEL ACREAGE: 0.48 acre
ZONING: Low-Density Residential (R-80)Zoning District
FUNDING: Closing expenses: Land Preservation Department—Town Budget
Easement gift accepted under the provisions of
Chapter 185 (Open Space Preservation)
PURPOSE: Town accepted this gift for the purposes of preserving, in perpetuity, the
natural habitat and the open, undeveloped, and scenic condition of the
property.
MISC.: The Peconic Land Trust acquired the property in April 2021 with financial
support from over 25 neighbors.
PLT named the property Soundview Avenue Preserve.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Lands and Forests,Bureau of Real Property
625 Broadway,5th Floor,Albany,New York 12233-4250
P:(518)402-9442 1 F:(518)402-9028 1 Landsforests@dec.ny.gov
www.dec.ny.gov
March 24, 2023
Melanie Doroski
Land Management Specialist II
Town of Southold
Land Preservation Department
54375 State Route 25
Southold, NY 11971-0959
Dear Ms. Doroski:
We received the following conservation easement from you in our office on February 8,
2023:
CE #: Suffolk 0720
Grantor: Peconic Land Trust, Inc.
Deed: Book D00013187, Page 395
Recorded: 2/2/2023
The conservation easement number cited above has been identified for our indexing
and filing purposes. Kindly use this number when contacting us about the easement.
Thank you.
Sincerely,
XXnn
Lynn M. Lindskoog
Real Estate Specialist
Bureau of Real Property
Iml
NEWYORK I Department of
POORTUNITy Environmental
Conservation
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 02/02/2023
Number of Pages : 30 At: 11 :20 :,57 AM
Receipt Number : 23-0014227
TRANSFER TAX NUMBER: 22-16178 LIBER: D00013187
PAGE : 395
District: Section: Block: Lot:
1000 059.00 08 . 00 002 .000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0. 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $150 . 00 NO Handling $20 . 00 - NO.
COE $5 . 00 NO NYS SRCHG $15. 00 NO
TP-584 $5 . 00 NO Notation $0 . 00 NO
Cert.Copies $37 .50 NO RPT $200 . 00 L NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $432 .50
TRANSFER TAX NUMBER: 22-16178
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County
rd
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CLERK 0F
This document will be public L D0001
record.Please remove all ['j T# 224-"16178
Social Security Numbers
prior to recording.
Deed Mortg age Instrument Deed Mortgage Tax Stamp Recording Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
20. 00_ 2. Additional Tax
SubTotal
Notation
or
EA-52 17(County) SubTotal Spec./Add.
TOT.MTG.TAX
_--.. (St__-,
Dual Town Dual County
UAJ Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Mansion Tax
The property covered by this mortgage Is
Cfrtfl�llecl Cop
or will be improved by a one or two
family dwelling only.
qyS Surcharge 15_00
Suib Total.
YES or NO
Other
Grand Total If NO, see appropria e tax, Jause j6h,
page# of thit im,9 ent.
23004122 1000 05900 0800 002000
(27-JAN-23 i CPF Tax Due
- Agency
Tax Service RCGR
Verification
RECORD&RETURN TO:
Town of Southold TD__
Land.-Preservation Dept.
TD
53095 NYS Rt 25
P.O.Box 1179
Southold,NY 11971
Mail to:, 7 Title CompaIny,Information
1901
Name
This page forms part of the attached made
by: _ (SPECIFY TYPE uFINSTRUMENT)
The premises herein issituated in '
SUFFOLK COUNTY,NBNYORK.
TO |nthe TOWN of
|nthe VILLAGE
�
` otHAMLET of Sontbold
BOXES*6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. AL
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT (hereinafter referred to as this
"Easement" or"Conservation Easement") is made the (64--day of referred Us#,x522, at Southold,
New York,by PECONIC LAND TRUST,INCORPORATED, a not-for-profit New York
corporation,having a principal office at 296 Hampton Road,P.O. Box 1776, Southampton,
New York 11969 (herein called"Grantor"), and the TOWN of SOUTHOLD, a municipal
corporation of New York,having a principal office at 53095 Route 25,P.O. Box 1179,
Southold,New York 11971-0959 (herein called"Grantee"). The date,upon which this
document is recorded in the office of the Clerk of the County of Suffolk, State of New York,
is the"Effective Date".
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of certain real property located in the
Town of Southold, Suffolk County,New York, identified as SCTM#1000-59-8-2 more fully
described in SCHEDULE A, attached hereto and incorporated herein by this reference
(hereinafter referred to as the "Property"); and
WHEREAS, the Property is 0.48 acres and is located in the R-80 Zoning District of the
Town of Southold; and
WHEREAS, the Property is currently vacant open space; and
WHEREAS, the Property is free of any mortgages or liens and Grantor possesses the
right to grant this Easement; and
WHEREAS, the Property in its present scenic and open condition has substantial and
significant value as an aesthetic and natural resource since it has not been subject to any
development; and
WHEREAS, the property is connected by vegetation to maritime freshwater inter-
dunal swales; as described and ranked by New York Natural Heritage Program.
WHEREAS, the Property possesses significant relatively natural habitat and freshwater
wetlands values (collectively, the Property's "Conservation Values") of great importance to
Grantor, Grantee, and the people of the Town of Southold, Suffolk County, and State of New
York; and
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WHEREAS, the property resides along a forest corridor connecting three Town and
County public waterfront natural parks, Goldsmith's Inlet,Soundview Dunes Park and Peconic
Dunes Park; and
WHEREAS, Grantor wishes to grant this Conservation Easement on the Property so that
the Property shall remain in its open,undeveloped, and scenic condition; and
WHEREAS, the Conservation Values are protected by this Easement for the following
conservation purposes:
A. Protection of significant relatively natural habitat. The protection of the Property
through this Easement will preserve significant relatively natural habitat,,and is
therefore consistent with the requirements of New York State Law for the following
reasons:
(1) the Property is located within freshwater wetlands as defined under
Southold Town law,275-2, and possesses both wetlands and uplands species
as listed in a letter submitted by Conservation Biologist, Louise Harrison, on
October 9 2020, to Southold Town Building Department and Trustee, which
is attached hereto as Exhibit B and incorporated herein by this reference. This
Easement aids in the protection and maintenance of Southold's freshwater
species habitat by restricting the development of the Property; and
(2) The Property is in the immediate vicinity of a significant water body known
as Great Pond, and protection of the Property through this Easement will
serve to preserve the ecological integrity of Great Pond; and
B. Preservation of open space for the scenic enjoyment of the general public which
yields significant public benefit. Protection of the Property's open space through this
Easement will be for the scenic enjoyment of the general public and will yield significant
public benefit, and is therefore consistent with the requirements of New York State Law
for the following reasons:
(1) the Property has a total of 100+/-feet of frontage on the publicly
passable/navigable Soundview Avenue,which offers the public scenic vistas
from a public highway; and
(2) the Property contributes to the woodland area in its current scenic and open-
space condition and has substantial and significant value as an aesthetic resource
because of the fact that it has not been subject to any development, and
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C. Preservation of open space pursuant to clearly delineated governmental
conservation policy,which yields significant public benefit Protection of the Property
through this Easement will be for the preservation of open space pursuant to clearly
delineated governmental conservation policy, which yields significant public benefit,
and is therefore consistent with the requirements of New York State Law for the
following reasons:
Town Code:
(1) a portion of the Property contains freshwater wetlands that should be
protected and preserved pursuant to the policy of the Town of Southold, as
articulated in the Town of Southold Code, Chapter 275 (Wetlands and Shoreline)
and Chapter 185 (Open Space Preservation); and
State Legislation:
(1) New York State has recognized the importance of not-for-profit conservation
organizations' efforts to preserve land in a scenic,natural and open condition
through conservation easements by enactment of the Environmental
Conservation Law, Section 49-0301 et seq.; and
(2) Article 14,Section 4 of the New York State Constitution states that"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";and
(3) the Property contains freshwater wetlands that should be protected and
preserved pursuant to the New York State Environmental Conservation Law,
Article 24, 6NYCRR Part 662; and
US EPA Long Island Sound Study:
(1) The Property is located within the Long Island Sound Coastal Boundary,the
nearshore watershed of Long Island Sound designated for purposes of
environmental management by the Long Island Sound Study(LISS), a federal
National Estuary Program. Led by the US EPA, in partnership with the states
of New York and Connecticut, the LISS is authorized to research,monitor,
and assess the health of Long Island Sound and prepare a Comprehensive
Conservation and Management Plan to restore its ecosystem; and
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WHEREAS, Grantor and Grantee recognize the value and special character of the
Property and the region in which the Property is located, and Grantor and Grantee have,in
common, the purpose and objective of protecting and conserving the present state and inherent,
tangible, and intangible Conservation Values of the Property as an aesthetic,natural, and scenic
resource; and
WHEREAS, Grantor has determined that the conveyance of this Easement will be
desirable and beneficial and has requested Grantee, for itself and its successors and assigns, to
accept this grant of a conservation easement in order to restrict the development of the Property
while permitting uses compatible with the protection of the Property's Conservation Values, all
as further provided herein; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has requested
Grantor, for itself and its successors and assigns,to grant the Easement to Grantee in order to
restrict the development of the Property while permitting compatible uses thereof.
AGREEMENT
NOW,THEREFORE,in consideration of the recited facts,mutual promises,
undertakings, and forbearances contained in this Easement and other valuable consideration,
but as a donation nonetheless, Grantor hereby voluntarily conveys in perpetuity to Grantee,
and Grantee hereby accepts, this Conservation Easement over the Property pursuant to the New
York Environmental Conservation Law, Section 49-0301 et seq.,, the parties intending to be
bound by its terms:
0.01 Purpose
The parties recognize the Conservation Values of the Property and have the common
purpose of preserving these Conservation Values in perpetuity. This Conservation Easement is
granted by Grantor to Grantee for the purpose of preserving the Conservation Values in
perpetuity (the"Conservation Purpose') by preventing any use or development of the Property
for any purpose or in any manner that is contrary to the intent and provisions hereof,including
the Conservation Purpose.
0.02 Grantee's Warranty
Grantee warrants and represents that it has a commitment to uphold the Conservation
Purpose of this Conservation Easement and the resources to enforce the restrictions contained
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herein and that the Property satisfies the criteria adopted by Grantee relating to the quality and
characteristics of open land whose conservation values should be protected and maintained, as
determined by the Town Board at a duly constituted meeting of on October 18, 2022.
0.03 Documentation
Grantee acknowledges by acceptance of this Development Rights Easement that present
uses of the Property are compatible with the purposes of this Easement. In order to aid in
identifying and documenting the present condition of the Property's resources and otherwise
aid in identifying and documenting such values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuing compliance with
the terms hereof, Grantee has prepared,with Grantor's cooperation, an inventory of the.
Property's relevant features and conditions (the"Baseline Documentation"). This Baseline
Documentation included,but need not be limited to, a survey prepared by John Minto,Land
Surveyor last dated March 1,2021, and a wetlands map dated October 6, 2020,by W.P.
Bowman,PhD, Land Use Ecological Services, Inc, whieh4&-a+tfteked4teras-�bit A and
incorporated herein by this reference. This Baseline Documentation includes a Conservation
Easement Map, an aerial photograph, photographs of the Property, a topographical map, a
description and site plan of land uses, features, and structures, and an acknowledgment page
signed by Grantor and Grantee, which verifies that the Baseline Documentation accurately
represents the condition of the Property as of the Effective Date of this Easement. Copies of the
Baseline Documentation shall be retained safely by Grantor and Grantee. Grantor and Grantee
acknowledge and agree that in the event a controversy arises with respect to the nature and
extent of Grantor's uses of the Property or its physical condition as of the date hereof, the
parties shall not be precluded from utilizing any other relevant or material document, survey,
report,photograph, or other evidence to assist in the resolution of the controversy.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a conservation easement in gross under the provisions of
Article 49, Title 3, of the Environmental Conservation Law of the State of New York and the
provisions of Chapter 185 of the Town Code of the Town of Southold. This Conservation
Easement shall consist of the covenants, restrictions, rights, terms, and conditions,recited herein.
Reference to this "Easement," "Conservation Easement" or its "provisions" shall include any
and all of those covenants, restrictions, rights, terms and conditions.
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1.02 Duration
This Easement shall be a burden upon and shall run with the Property in perpetuity.
1.03 Effect
This Easement shall run with the Property as an incorporeal interest in the Property and
shall extend to and be binding upon Grantor and Grantee. The terms "Grantor' and "Grantee"
when used herein shall include, respectively, the above-named Grantor and its representatives,
agents, licensees, successors and assigns, and the above-named Grantee and its successors and
assigns.
ARTICLE TWO
PROHIBITED USES AND ACTIVITIES
Grantor's use and development of the Property shall be consistent with the
Conservation Purpose and compatible with the preservation of the Property's Conservation
Values in perpetuity, and any use that is inconsistent with the Conservation Purpose of this
Easement or otherwise deleterious to the Conservation Values is prohibited.Without limiting
the generality of the foregoing, the following uses and practices, though not an exhaustive
recital of inconsistent uses and practices, are inconsistent with the Conservation Purposes of this
Easement and,unless otherwise explicitly provided herein, are prohibited anywhere on the
Property.
2.01 Buildings and Structures
Except as otherwise expressly provided in Article Three of this Easement, the
construction or placement of any residential, commercial, industrial or other building, structure,
or improvement of any kind or nature(including;but not limited to, one or more mobile
homes), whether permanent or temporary, on, over, or under the Property is prohibited.
2.02 Excavation and Removal of Materials;Mining
Mineral exploitation, and extraction of any mineral (including but not limited to soil,
gravel, sand and hydrocarbons),by any method,including surface or subsurface, is prohibited.
Grantor shall not remove or fill topsoil, sand, or any other materials,nor shall the topography of
the Property be changed, except in connection with the construction and maintenance of any
structure or improvement expressly permitted to be placed or constructed on the Property
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under the terms of Article Three below. Grantor may remove topsoil, sand or other materials for
purposes of erosion control and soil management only with the prior written approval of
Grantee.
2.03 Subdivision
For purposes of this Conservation Easement, the Property is considered and shall
remain one (1)parcel in unified ownership. Grantor shall not subdivide, de facto subdivide,
partition or seek to partition, or otherwise divide the Property into separately conveyable
parcels.
2.04 Dumping
The dumping or accumulation of unsightly or offensive materials, including but not
limited to manure, trash, sawdust, landscape materials, ashes or chemical waste, on the
Property is prohibited.
2.05 Signs
The display of any sign,billboard, or advertisement is prohibited, except as expressly
permitted in Section 3.01 below.
2.06 Cutting of Timber/Landscaping
The cutting,harvesting, or removing of trees, shrubs, or other vegetation on the
Property is prohibited, except as expressly permitted in Section 3.02 below.
2.07 Soil and Water
Any use or activity that is not otherwise expressly or conditionally permitted under this
Easement,which causes or is likely to cause soil degradation or erosion or pollution of any
surface or subsurface waters, is prohibited.
2.08 Wetlands and/or Stream Buffer
The draining, filling, dredging, or diking of any wetland areas, including any
enlargements thereof, or the cultivation or other disturbance of the soil within 100 feet of any
wetlands is prohibited.
2.09 Ponds and Watercourses
7
The alteration of any or watercourse located on the Property or the creation of any new
water impoundment or watercourse is prohibited without Grantee's prior written approval.
2.10 Vegetation Management and Screening
The placement of any landscape screening,hedgerow, or any other type of screening
along or near Soundview Avenue or the scenic viewshed from Soundview Avenue is
prohibited.
2.11 Commercial and Industrial Uses
Any commercial or industrial use of the Property,including any commercial
recreational use,is prohibited.
2.12 Utilities
The creation or placement of overhead utility transmission lines, utility poles, wires,
pipes, wells or drainage and septic systems on the Property is prohibited, except as provided in
Section 3.03(A)(iv) below. Underground irrigation systems are prohibited.
2.13 Drainage
The use of any portion of the Property for a leaching or sewage disposal field is prohibited,
except to service the structures and improvements expressly permitted by this Easement.The use
of the Property for a drainage basin or sump is prohibited, except to control flooding or soil
erosion on the Property.
2.14 Development Rights
The use of this Property for the purpose of calculating lot yield or development density
on the Property or any other property, adjacent or otherwise, is prohibited. Grantor hereby
grants to Grantee all development rights existing on the Property as of the Effective Date of this
Easement(and any future development rights that may be created through a rezoning of the
Property or otherwise) that have not been retained or reserved by Grantor under this Easement.
By Grantee's acceptance of this Easement, the parties agree that such excess development rights
granted by Grantor to Grantee are terminated and extinguished by Grantee and may not be
used by any person or entity, including Grantor or Grantee, or transferred to any other person,
entity, or parcel.
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ARTICLE THREE
PERMITTED USES AND ACTIVITIES
Grantor reserves the right to use the Property in any manner that is not inconsistent
with the Conservation Purpose and other terms and conditions of this Easement and in
accordance with applicable laws and restrictions. Without limiting the generality of the
foregoing,the following uses and practices, though not an exhaustive recital of consistent uses
and practices, are expressly permitted under this Easement if conducted pursuant to the terms
hereof.
3.01 Signs
The display of any sign,billboard, or advertisement is prohibited, except for signs
whose placement,number, and design do not significantly diminish the Conservation Values of
the Property and only for any of the following purposes: (a) to state the name and address of
the Property; (b) to temporarily advertise the Property or any portion thereof for sale or rent; (c)
to post the Property to control unauthorized entry or use; or(d) to announce this Conservation
Easement. Any permitted sign shall not be more than six (6) square feet in size, shall be non-
illuminated, and shall be subject to applicable governmental regulatory requirements.
3.02 Cuttingof f Vegetation/Landscaping,
The cutting,harvesting, or removal of trees, shrubs, or other vegetation on the Property
is prohibited, except for the following purposes with prior written approval of Grantee and in
accordance with good forest management practices and the Conservation Purpose of this
Easement: (a) to clear and restore trees and forest cover that is or has been dead, damaged,
diseased or destroyed; (b) to prune and selectively thin trees to create limited vistas; (c) to
construct and maintain those structures and improvements and to conduct those uses and
activities that are expressly permitted under the terms this Easement; (d) for firewood and
fencing for use on the Property; and (e) to remove hazards to persons or to the Property.
3.03 Structures and Improvements
Grantor shall have the right to erect and maintain the following improvements,provided
such improvements are (i) compatible with the preservation of the Conservation Values, (ii)
consistent with the Conservation Purpose, and (iii) in accordance with the following provisions:
A. Allowable Non-Residential (Accessory) Improvements
9
With the prior written approval of Grantee, Grantor may erect and maintain the
following non-residential improvements on the Property:
L Structures to facilitate wildlife management, such as signs, feed
dispensers, and hunting blinds/tree stands;
ii. Fences,provided they are placed and constructed so that they do not
block or detract from the scenic view of the Property from Soundview
Avenue;
iii. A nature trail(s) or footpath(s) for the use of the owners, tenants,
occupants, assigns, and possessors of the Property, the guests of same,
and, with Grantee's prior written approval, the general public, subject to
any required regulatory approvals; and
iv. A bench for the use of the owners, tenants, occupants, assigns, and
possessors of the Property, the guests of same, and, with Grantee's prior
written approval, the general public, subject to any required regulatory
approvals.
B. Replacement of Structures or Improvements In-Kind
In the event of destruction of or damage to any existing or expressly permitted
structure or improvement to such an extent that repair of such structure or improvement
is impractical, erection of a replacement of comparable size,bulk,use, and general
design to the destroyed or damaged structure or improvement is permitted within the
same location subject to the prior written approval of Grantee.
C. Environmental Sensitivity during Construction
The location and use of any structure or improvement permitted to be
constructed hereunder shall be consistent with the Conservation Purpose, and
construction of any such improvement shall minimize disturbance to the Conservation
Values and other natural resources of the Property. Grantor shall employ erosion and
sediment control measures to ensure that storm water runoff will not carry eroded and
other deleterious materials into Great Pond (or other wetland areas),including but not
limited to employing the least possible removal of vegetation,minimal movement of
earth, and minimal clearance of access routes for construction vehicles.
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ARTICLE FOUR
NOTICE AND APPROVAL
4.01 Notice and Approval
A. Requests for Approval of Certain Uses or Activities
With respect to any use or activity under Articles Two and Three that requires the
prior approval of Grantee, or in the event Grantor proposes to undertake a use or activity
that is not expressly prohibited hereby but which may have an adverse impact on the
Conservation Values and other conservation interests associated with the Property,
Grantor shall, in writing, request Grantee's approval and shall include therewith
information identifying the proposed activity and the reasons for and other details of the
proposed activity with reasonable specificity. The request for approval shall describe the
nature, scope, location, timetable, and any other material aspect of the proposed activity
(including, if appropriate, sketch plans or scaled drawings of the site(s) of the proposed
activity) in sufficient detail to permit Grantee to evaluate such activity. The request shall
also include information evidencing the conformity of such activity with the requirements
of the applicable section under which approval is requested hereunder. Grantee's
approval,which shall not be unreasonably withheld,shall take into account the following
criteria:
(i) the extent to which the proposed activity or use of the site for the proposed
activity would impair the scenic qualities of the Property that are visible from
Soundview Avenue; and
(ii) the extent to which the proposed activity or use of the site for the proposed activity
would otherwise impair the Conservation Values of the Property; and
(iii) the extent to which the proposed activity or use of the site for the proposed activity
would be inconsistent with the Conservation Purpose of this Easement.
Grantor and Grantee shall cooperate and shall act in good faith to arrive at agreement on
suitable sites and activities in connection with any determinations that are necessary to be
made by them (either separately or jointly) under this section. Notwithstanding the
foregoing, Grantee's approval of a proposed site or activity shall be withheld if the use of
the site for the proposed activity would interfere with the essential scenic quality of the
Property, impair the Conservation Values of the Property, or would otherwise be
inconsistent with the Conservation Purpose of this Easement.
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B. Grantee's Response
In accordance with Paragraph A of this section, Grantee shall approve,
conditionally approve, or withhold approval of the proposed use or activity within forty-
five (45) days of receipt of Grantor's written request therefor. Grantee agrees to evaluate
Grantor's requests under this Easement based on its good-faith exercise of professional
judgment. No the above, if in good faith Grantee requires more than forty-
five (45) days to undertake a sufficient and thorough review of the documentation
provided, or determines that it requires further documentation, Grantee shall so notify
Grantor within the original forty-five (45) day period of the additional time and/or
documentation required to respond to Grantor's request hereunder.At Grantee's sole and
absolute discretion, Grantee may permit commencement of the activity less than forty-
five (45) days after receiving Grantor's written notice. In the case of withholding of
approval, Grantee shall notify Grantor in writing with reasonable specificity of the
reasons for withholding of approval, and the conditions,if any, on which approval might
otherwise be given. Failure of Grantee to deliver a written response to Grantor within
such forty-five (45) days (as extended, as discussed above) shall be deemed to constitute
written approval by Grantee of any request submitted for approval that is not contrary to
the express provision hereof, including but not limited to the Conservation Purpose, and
whose implementation would not impair the Property's Conservation Values. If Grantor
disagrees with Grantee's reasons for withholding approval of the action proposed by
Grantor, upon Grantor's agreement not to commence the disputed activity pending the
resolution of the disagreement, the matter may be submitted to non-binding mediation.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes,levies, and assessments and other governmental
or municipal charges, which may become a lien on the Property,including any taxes or levies
imposed to make those payments. If Grantor fails to make any such payment, Grantee is
authorized to make such payments (but shall have no obligation to do so)upon ten(10) days
prior written notice to Grantor, according to any bill, statement or estimate procured from the
appropriate public office without inquiry into the accuracy thereof. That payment, if made by
Grantee, shall become alien on the Property of the same priority as the item if not paid would
have become, and shall bear interest until paid by Grantor at one (1) percentage point over the
12
prime rate of interest from time to time charged by Citibank, N.A., or its corporate successor,in
no event to exceed a legal interest rate.
5.02 Indemnification
Grantor acknowledges that Grantee has neither possessory rights in the Property nor
any responsibility nor right to control,maintain, or keep up the Property. Grantor has and shall
retain all responsibilities and shall bear all costs and liabilities of any nature related to the
ownership, operation,upkeep, improvement, and maintenance of the Property. Grantor hereby
releases and agrees to hold harmless,indemnify and defend Grantee and its members, directors,
officers, employees,legal representatives, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them(collectively, "Indemnified Parties")
from and against any and all liabilities,penalties, fines, charges, costs, losses, damages,
expenses, causes of action, claims, demands, orders,judgments, or administrative actions,
including, without limitation, reasonable attorneys' fees, arising from or in any way connected
with: (1) injury to or the death of any person, or physical damage to any property, resulting
from any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause,unless due solely to the negligent act or willful misconduct of
Grantee; or (2) violation or alleged violation of, or other failure to comply with, any state,
federal, or local law, regulation, or requirement or this Easement by any person, other than
Grantee, in any way affecting, involving, or relating to the Property.
5.03 Insurance
Grantor shall keep the Property insured by an insurance company rated Al or better in a
reasonable amount against loss from the perils commonly insured under standard fire and
extended coverage policies and comprehensive general liability insurance against claims for
personal injury, death, and property damage. Such insurance shall include Grantee as an
additional insured. Grantor shall promptly deliver to Grantee a certificate of insurance upon
reasonable request of Grantee. Grantee shall have the right to obtain a reasonable policy of
insurance on the Property should Grantor fail to obtain same;provided, that in the event
Grantee obtains such insurance, the cost of such insurance shall be a lien on the Property until
repaid by Grantor.
5.04 Environmental Responsibilities
Grantor Responsible for the Property. Grantor is solely responsible, and Grantee has no
responsibility,for the operation of the Property or the monitoring of hazardous or other
conditions thereon. Nothing in this Easement shall be construed as giving any right or ability to
Grantee to exercise physical or managerial control of the day-to-day operations of the Property
13
or of Grantor's activities on the Property. Neither Grantee nor its agents shall be liable to the
Grantor or other person or entity in connection with consents given or withheld or in
connection with any entry upon the Property pursuant to this Easement.
Grantor's Environmental Warranty.and Indemnity. Grantor represents and warrants
that it has no actual knowledge of a release or threatened release of any Hazardous Materials
(as defined below) on the Property and hereby promises to hold harmless, defend and
indemnify Grantee from and against all liabilities,penalties, fines, charges, costs, losses,
damages, expenses, causes of action, claims, demands, orders,judgments, or administrative
actions,including,without limitation, reasonable attorneys' fees, arising from or connected with
the presence of or any release of Hazardous Materials on the Property or violation of federal,
state or local Environmental Laws (as defined below).
This Easement is not intended to and shall not create environmental liability in Grantee.
Notwithstanding any other provision herein to the contrary, the parties do not intend this
Easement to be construed such that it imposes on, creates in, or gives Grantee:
(1) the obligations or liability of an"owner" or"operator' as those"words are
defined and used in Environmental Laws, including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.
Section 9601 et seq., and hereinafter "CERCLA");
(2) the obligations or liability of a person described in 42 U.S.C. Section
9607(a)(3) or(4);
(3) the obligations of a responsible person under any applicable
Environmental Laws;
(4) the right to investigate and remediate any Hazardous Materials
associated with the Property; or
(5) any control over Grantor's ability to investigate, remove, remediate, or
otherwise clean up any Hazardous Materials associated with the Property.,
The term"Hazardous Materials" includes,but is not limited to, (i) material that
is flammable, explosive, or radioactive; (ii) petroleum products; and (iii)hazardous materials,
hazardous wastes,hazardous or toxic substances, or related materials, including but not limited
to those defined in CERCLA, the Hazardous Materials Transportation Act(49 U.S.C. Section
5101, et seq.), New York Environmental Conservation Law (NY ECL 27-0901), or any other
Environmental Law, and in the regulations adopted and publications promulgated pursuant to
14
them, or any other applicable federal, state, or local laws, ordinances, rules, or regulations now
in effect or enacted after the Effective Date of this Easement.
The term"Environmental Laws" includes,but is not limited to, any federal, state
or local or administrative agency statute, regulation, rule, ordinance, order or requirement now
in effect or enacted after the Effective Date of this Easement relating to pollution,protection of
human health,the environment, or Hazardous Materials.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee and its employees, agents, and contractors shall have the right to enter upon the
Property for the purpose of inspection and monitoring to determine whether this Easement and
its Conservation Purpose and other provisions are being upheld. Except in cases where Grantee
determines,in its reasonable discretion, that immediate entry is required to investigate a use or
condition on the Property in order to prevent, terminate, or mitigate a violation or potential
violation of the terms of this Easement, such entry shall be permitted only at reasonable times
and upon prior notice to Grantor and shall be made in a manner that will not unreasonably .
interfere with Grantor's use and quiet enjoyment of the Property. Grantee shall not have the
right to permit access upon the Property by the general public.
6.02 Protection and Restoration
Grantee shall have the right to identify, preserve, and protect in perpetuity the
Conservation Values of the Property, including,but not limited to,by means of review and
approval of improvements and activities as set forth in Article Four above. Grantee shall have
the right to prevent any activity on or use of the Property that is inconsistent with the
Conservation Purpose or other provisions of this Easement and to require Grantor to restore
such areas or features of the Property that may be damaged by any inconsistent and/or
unpermitted condition, activity or use and to enforce these rights by any action or proceeding
that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any
changes to the Property resulting from causes beyond Grantor's control, including, without
limitation, fire, flood, storm, earth movement or other acts of nature,unauthorized acts of
unrelated third parties, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons,property, or to the
Property resulting from such causes.
15
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any violation of
this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other
rights of Grantee at law or in equity, in the event any breach, default or violation of any term,
provision, covenant or obligation on Grantor's part to be observed or performed pursuant to
this Easement is not cured within thirty (30) days of Grantor's receipt of Grantee's notice of
such breach, default or violation, or in cases where more than 30 days is reasonably needed to
effect a cure a bona fide attempt has not been begun by Grantor within such 30-day period
(which notice and cure requirements are expressly waived by Grantor with respect to any such
breach, default or violation which, in Grantee's reasonable judgment, requires immediate action
to preserve and protect any of the Conservation Values or otherwise to further the Conservation
Purpose of this Easement), Grantee shall have the right at Grantor's sole cost and expense and
at Grantee's election,
(a) To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction and/or to require the restoration of that portion of
the Property affected by such breach, default or violation to the condition that
existed prior thereto;
(b) To enter upon the Property to verify,investigate, document, terminate, or cure
such breach, default or violation and/or to cause the restoration of that portion of
the Property affected by such breach, default or violation to the condition that
existed prior thereto; and/or
(c) To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and Conservation Purpose of this Easement;provided,
however, that any failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or violation or with respect to
any other breach, default or violation of any term, condition, covenant or
obligation under this Easement.
Grantee's remedies described in the section shall be cumulative and shall be in addition
to all remedies now or hereafter existing at law or in equity. Grantor shall pay, either directly or
by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses
(collectively, "Litigation Expenses") incurred by Grantee in connection with any proceedings
initiated under this section. Litigation Expenses include,but are not limited to, those Litigation
16
Expenses incurred by Grantee in the event Grantor or anyone acting by, through,under, or on
behalf of Grantor, commences litigation against Grantee to enforce any rights hereunder or to
dispute any action or inaction of Grantee,to enforce any alleged duty or obligation of Grantee
hereunder, or to seek damages or specific performance against Grantee, except in the event
Grantee is finally determined by a court of competent jurisdiction,beyond right of appeal, to
have acted in a manner that is contrary to the terms of this Conservation Easement and to have
failed to exercise reasonable judgment(except in those circumstances of which Grantee is given
sole and absolute discretion as expressly provided herein), taking into account the Conservation
Purpose of this Easement and the circumstances of which Grantee had actual knowledge at the
relevant time. Grantee shall not be considered to have failed to exercise reasonable judgment as
aforesaid solely based on the fact that Grantee did not or does not prevail in such legal
proceedings or that Grantee is determined to have adopted an interpretation of this
Conservation Easement not accepted by the court. In addition, if Grantee initiates litigation
against Grantor to enforce this Easement, and if the court determines that Grantor is the
prevailing party and also determines that(i) the litigation was initiated with the primary
purpose to harass, embarrass, or injure Grantor; (ii) Grantee did not have a reasonable basis to
believe that the facts underlying Grantee's legal position were in fact true;or (iii) Grantee's legal
position was devoid of arguable legal merit, then the court may require Grantee to reimburse
Grantor's reasonable costs and reasonable attorney's fees in defending the action.
6.04 No Waiver
Grantee's exercise of one remedy or relief under this Article Six shall not have the effect
of waiving or limiting any other remedy or relief, and the failure to exercise or delay in
exercising any remedy shall not have the effect of waiving or limiting the use of any other
remedy or relief or the use of such other remedy or relief at any other time.
6.05 Assignability
Grantee shall have the right to transfer or assign any and all of its rights and
responsibilities under this Easement, and any and all of its rights, title and interest in and to this
Easement only to a qualified organization (herein called the"Assignee"). As used herein the
term"qualified organization" means a not-for-profit corporation or a governmental unit or
agency, which is qualified to receive such interests pursuant to Article 49 of the New York
Environmental Conservation Law, and is a qualified organization within the meaning of Section
170(h)(3) of the Code, and which is organized and operated primarily or substantially for one of
the conservation purposes specified in Section 170(h)(4)(A) of the Code. Any assignment by
Grantee must require, and the Assignee must agree, that the Assignee and Assignee's
successors will carry out the purposes of, and enforce, this Easement. The Assignee and its
17
successors and assigns shall have the same right of assignment, subject to compliance with the
provisions of this section. Grantee shall promptly notify Grantor of any such assignment.
6.06 Succession
If at any time Grantee is unable to enforce this Easement, or if Grantee ceases to exist or
ceases to be a qualified organization under Section 170(h)(3) of the Code or eligible donee under
Treasury Regulation section 1.170A-14(c), then this Easement shall be vested in such qualified
corporation,body or agency(other than any governmental unit or agency) and upon the
conditions and limitations contained in Section 6.05 above as Grantee shall designate.If, on the
occurrence of any of these events, Grantee fails to assign all of its rights and responsibilities
under this Easement and all of its rights, title and interest in and to this Easement to a qualified
organization that is an eligible donee upon the condition and limitations contained in Section
6.05, then the rights and responsibilities under this Easement shall become vested in another
qualified organization that is an eligible donee upon the condition and limitations contained in
Section 6.05 in accordance with a cy pres proceeding brought in any court of competent
jurisdiction. The then-current owner(s) of the Property will be notified of any such proceedings.
6.07 Extinguishment
The donation of this Easement gives rise to a property right, immediately vested in the
Grantee, with a fair market value that is equal to the proportionate value that this Easement at
the time of this gift,bears to the value of the Property as a whole at that time, and that
proportionate value(hereinafter, "Grantee's Percentage") shall remain constant. This Easement
can be terminated or extinguished, whether in whole or in part, only (i) in a judicial proceeding
in a court of competent jurisdiction, (ii) upon a finding by the court that a subsequent
unexpected change in the conditions surrounding the Property has made impossible or
impractical the continued use of the Property for the Conservation Purpose, and (iii) with a
payment of proceeds (calculated as provided in the following sentence) to Grantee, and Grantee
shall use all such proceeds in a manner consistent with the Conservation Purpose of this
contribution. In the event of such an extinguishment, Grantee shall be entitled to a share of the
proceeds from a subsequent sale, exchange, or involuntary conversion of the Property that is
equal to Grantee's Percentage of such proceeds.The value of this Easement shall be determined
at the time of any such extinguishment by an independent appraisal by a "qualified appraiser,"
as defined in Treasury Regulations section 1.170A-13(c)(5), who is mutually agreeable to
Grantor and Grantee, the cost of which appraisal shall be borne by Grantor.
If all or any part of the Property is taken under the power of eminent domain by public,
corporate, or other authority so as to abrogate the restrictions imposed by this Easement or
otherwise effectively to frustrate the Conservation Purpose hereof, Grantor and Grantee shall
18
join in appropriate proceedings at the time of such taking to recover the full value of the
interests in the Property subject to the taking and all incidental or direct damages resulting from
the taking.
In making this grant of Easement, Grantor has considered the possibility that uses
prohibited by the terms of this Easement may become more economically viable than the uses
specifically reserved by Grantor pursuant to this Easement. It is the intent of both Grantor and
Grantee that any such change in economic conditions shall not be deemed to be circumstances
justifying the termination or extinguishment of this Easement pursuant to this section.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Alienability
Grantor shall have the right to convey, mortgage, or lease all of its remaining interest in
the Property but only subject to the terms of this Easement. Grantor shall promptly notify
Grantee of any conveyance of any interest in the Property, including the full name and mailing
address of any transferee, and, in the case of a transfer to an entity, the individual principals
thereof. The instrument of any such conveyance shall specifically set forth that the interest
thereby conveyed is subject to this Easement,without modification or amendment of the terms
of this Easement, and shall incorporate this Easement by reference, specifically setting forth the
date, office, liber and page of the recording hereof. The failure of any such instrument to
comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of
this Easement in any way.
7.02 Entire Understandinz
This Easement contains the entire understanding between its parties concerning its
subject matter. Any prior agreement between the parties concerning its subject matter shall be
merged into this Easement and superseded by it.
7.03 Amendment
This Easement can be amended and modified only in accordance with the terms of this
Easement and the common and statutory laws of the State of New York applicable to the
modification of easements and covenants running with the land. Grantee and Grantor shall
mutually have the right to agree to amendments to this Easement, provided, however, that
19
Grantee shall have no right or power to agree to any amendment hereto that is inconsistent with
the Conservation Purpose or would result in this Easement failing to qualify as a valid
conservation easement under Article 49, Title 3, of the Environmental Conservation Law of the
State of New York, as the same may be hereafter amended, or any regulation issued pursuant
thereto, or under Code section 170(h). No amendment may be approved by Grantee that would
-or, as Grantee in its judgment may determine,could-violate the rules of impermissible private
benefit or of private inurement under applicable sections of the Code, including but not limited
to Section 501(c)(3) of the Code or affect this Easement's perpetual duration. Any such
amendment shall be permitted only upon Grantee's determination,in its sole discretion,that such
amendment will not jeopardize Grantee's status as an organization described in Code sections
170(h)(3) and 501(c)(3).
7.04 Severability
Any provision of this Easement restricting Grantor's activities that is determined to be
invalid or unenforceable by a court of competent jurisdiction shall not be invalidated. Instead,
that provision shall be reduced or limited to whatever extent that court determines will make it
enforceable and effective. Any other provision of this Easement that is determined to be invalid
or unenforceable by a court of competent jurisdiction shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 Notice
All notices required by this Easement must be written. Notices shall be delivered by
hand;by express, certified or registered mail, return receipt requested;by certified mail,with
sufficient prepaid postage affixed and with return receipts requested; or through courier
delivery by a national courier service that provides automated delivery tracking;provided,
however, that notices from Grantee to Grantor to notify Grantor of the date and time of routine
annual monitoring of the Property pursuant to Section 6.01 above may be delivered by U.S.
First-Class Mail. Notices to Grantor shall be addressed to Grantor's address as recited herein or
to such other address as Grantor may designate by notice in accordance with this section.
Notice to Grantee shall be addressed to its principal office,recited herein,marked for the
attention of the President, or to such other address as Grantee may designate by notice in
accordance with this section. Notice shall be deemed given and received as of the date of its
actual delivery to the recipient.
7.06 Governing Law
20
New York law applicable to deeds and conservation easements pertaining to land
located within New York shall govern this Easement in all respects,including validity,
construction, interpretation,breach,violation and performance.
7.07 Interpretation
Regardless of any contrary rule of construction,no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party or the other
party's attorney. No alleged ambiguity in this Easement shall be construed against the party
which drafted it or against the party whose attorney drafted it. If any provision of this
Easement is ambiguous or shall be subject to two or more interpretations, one of which would
render that provision invalid, then that provision shall be given such interpretation as would
render it valid and be consistent with the Conservation Purpose of this Easement. Any rule of
strict construction designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this Easement shall be
interpreted broadly to effect the Conservation Purpose of this Easement as intended by the
parties. The parties intend that this Easement,which is by nature and character primarily
negative in that Grantor has restricted and limited his right to use the Property, except as
otherwise recited herein,be construed at all times and by all parties to effectuate its
Conservation Purpose.
7.08 Public Access
Nothing contained in this Easement grants,nor shall be interpreted to grant, to the
general public any right to enter upon the Property.
7.09 Warranties
The warranties and representations made by the parties in this Easement shall survive
its execution.
7.10 Recording
Grantee shall record this Easement in the land records of the office of the Clerk of the
County of Suffolk,State of New York.
7.11 Enforceable Restriction;Successors
The covenants, terms, conditions, and restrictions of this Easement shall be binding
upon, and inure to the benefit of, the parties hereto and their respective personal
21
representatives, agents,heirs, successors, and assigns and shall continue as a servitude running
in perpetuity with the Property.
7.12 Termination of Rights and Obligations
A party's rights and obligations under this Easement terminate upon transfer of the
party's interest in the Easement or the Property, except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
7.13 Headin&s
The headings, titles and subtitles herein have been inserted solely for convenient
reference and shall be ignored in its construction.
7.14 Counterparts
Grantor and Grantee may execute this instrument in two or more counterparts; each
counterpart shall be deemed an original instrument. In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling.
[Signatures to follow on next page.]
22
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and
received this Deed of Conservation Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
GRANTOR
BY:
v.H.Halsey,
ACKNOWLEDGED AND ACCEPTED:
GRANTEE
TOWN OF SOUTHO D, INCORPORATED
BY:
Scott Russell, Supervisor
SCHEDULE A: Metes and Bounds Description of the Property
EXHIBIT A: Wetlands Map of the Property
EXHIBIT B: Letter to Southold Town Building Department and Trustees
23
STATE OF AfW Y(r t )
COUNTY OF S ufko1C_- ) SS:
On this-1 day of%X L in the year 20 O-before me, the undersigned,personally
appeared Uhn VhV , personally known to me or proved
to me on the basis of satisfactory evi ence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
�nf
4Ntary Public
HEATHER WRIGHT
Notary Public.State of New York
No.02WR6211495 16
()ualified in Suffolk County a
Commission Expires September 21,20
STATE OF N `( )
COUNTY OF 5 LJ' SS:
On this ((o day of\�\ in the year 20�a before me, the undersigned,personally
appeared �TT-- RISS LI , personally known to me or proved
to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Public
Robert OeNse
Notary Public State of New York
Registration No.01 DE5035117
Qualified in Suffolk Count1yy
Commission Expires October 21 211,2026
24
WFG National Title-Insurance Company
Title Number:'BAL5120S
Page 1
SCHEDULE A DESCRIPTION
ALL that certain plot, piece or parcel of land; situate, lying and being near Great Pond;Town of
Southold, County of Suffolk and State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the southerly side of Sound View Avenue the following two(2)'courses
and distances from the point where the northeasterly corner of land now or formerly of Clement M,
Booth intersects the southerly side.of Sound View Avenue:
1. Along the southerly side of Sound View Avenue; North 44.degrees 43 minutes 10
seconds East, 34.87 feet;
2: Continuing along the southerly side of Sound View Avenue in an easterly direction
along the arc of a curve bearing to the right having a radius of 578.49 feet,a distance of
65.13 feet to the point of beginning;
RUNNING THENCE South 44 degrees 21minutes 00 seconds East, 219.23 feet;
THENCE North 44 degrees 51 minutes 20 seconds East, 100 feet;
THENCE North 44 degrees 51 minutes 40 seconds West, 199.71 feet to the southerly side of
Sound View Avenue;
THENCE westerly along the southerly side of Sound View Avenue, along the arc of a curve
bearing to the left and having a radius of 578.49 feet, a distance of 100 feet to the point or place of
BEGINNING.
1
u . t
T
LOUISE HARRISON
CONSERVATION & NATURAL AREAS PLANNING
P.O. Box 214 PEcoNlc, NY 11958-0214
631-428-1315
October 9,2020
Town of Southold Building Department Town of Southold Town Trustees
Town Hall Annex Building Southold Town Hall Annex
54375 Route 25 54375 Main Rd.
P.O. Box 1179 P.O. Box 1179
Southold, NY 11971 Southold, NY 11971
Dear sirs/mesdames:
Re: 6480 Soundview Avenue;S.C.T.M.#1000-59-8-2
With this letter I am submitting a list of freshwater wetland and upland plant species I observed
on the above-named lot earlier this month. I am doing so to highlight the existence of
freshwater wetlands on the parcel.As of course you are aware, under Southold Town law,
§275-2, wetlands are defined by the presence of wetland vegetation and not simply whether or
not they are indicated on NYSDEC wetland maps.
Larger freshwater wetland.This parcel,which contains both wetland and upland species,
appears to have been cut off from a larger, wooded wetland to its immediate east when a
driveway was constructed a number of years ago to access land to its south.
Species Diversity. For a small parcel (—.46 acres),this lot contains a rich diversity of plant
species. Six (6)species of ferns, two of which are found in freshwater wetlands; native
wildflowers, including two obligate freshwater wetland species and the showy lack-in-the-
pulpit; grasses; mosses; shrubs; and trees occupy this parcel.The high diversity is unusual at a
time when our North Fork's native vegetation is threatened by high levels of deer browse,
depauperating much of our forest ground-layer vegetation.
Ecosystem Context. Beyond concerns about the freshwater wetland on the parcel and its rich
plant diversity is the relationship of the parcel to its surroundings.This lot,with road frontage,
is part of a native forest corridor on both sides of Soundview Avenue that occupies ancient
duneland, complete with dune crests and troughs (duneland blowouts),where the troughs are
exposing groundwater and supporting freshwater wetlands.The corridor connects three
County Parks: Goldsmith Inlet County Park, Soundview Dunes County Park, and Peconic Dunes
County Park.The nearly unbroken corridor along the roadside spans east from Mill Lane in
Peconic toward the more suburbanized eastern end of Soundview Avenue. Development of the
lot in question would break up this expanse of native forest and invite further roadside
development of a corridor unique in the Town of Southold and unusual, if not unique, in Suffolk
County.
Adjoining County Land.The entrance to Peconic Dunes County Park and its camp lies across
Soundview Avenue from this parcel.The narrow,country road should not be construed as a
boundary for wildlife or the forest, as wildlife freely traverse Soundview Avenue and the
forested corridor has similar components on both sides. In this context, Suffolk County should
be considered a "neighbor"of this parcel and provided any notice of its proposed
development. The construction of a house so close to the road across from the camp entrance
would have a profound effect on the ambiance of the camp. Parents line up for registration and
pick-up of campers all along that stretch of Soundview Avenue in their cars, awaiting entrance
to the park. What they and their children see there affects their perception of the wildness they
are seeking for a residential camp experience.
Kindly add this letter and report to your records on the above-named parcel for your
consideration should you receive any development proposals for same.
Very sincerely yours,
ouise Harrison
Conservation Biologist
att.
cc: S.C. Legislator Al Krupski
i
Conservation and Natural Areas Planning
6480 Soundview Avenue
S.C.T.M.#: 1000-59-8-2
Notes: Field Inspection,September 20,2020,3:30 p.m.
Old pink flagging observed(approximately 5 flags, numbered). Not fresh, indicating an old delineation of
a freshwater wetland boundary; incomplete boundary delineation.
Drop in grade;at bottom there is a small area of cobbles revealed, indicating turned up soil or past
running water.
Driveway to east of property line appears to have been constructed through a freshwater wetland; red
maple swamp lies on east side.
The following species were observed on the parcel.These are not arranged in any particular order other
than separating freshwater wetland species from upland species.
Scientific name Common name FWW Notes Photo-
Indicator graphs
Status
Freshwater wetland species
Acer rubrum Red maple FAC Native
Clethro alnifolia Sweet pepperbush, FAC Native
summersweet
Arisoema triphyllum Jack-in-the-pulpit FAC Native, in fruit Yes
Carex stricta Tussock Sedge OBL Native
Impatiens sp. Jewelweed FACW Native (not in flower) Yes
Epilobium coloratum Eastern willowherb OBL Native Yes
Onoclea sensibilis Sensitive fern FACW Native Yes
Osmundastrum Cinnamon fern FACW Native
cinnamomeum
Nyssa sylvatica Black tupelo,sourgum FAC Native
Persicaria hydropiperoides Swamp smartweed OBL Native Yes
Solanum dulcamara Climbing nightshade FAC Naturalized
Smilax rotundifolia Greenbrier FAC Native
Salix discolor Pussy willow FACW Native
Voccinium corymbosum Highbush blueberry FACW Native
Iris sp. Iris(possibly blue flag) Undetermined (not in
flower)*
Phrogmites australis Common reed FACW Invasive
Rubus hispidus Swamp dewberry FACW Native
Abbreviations: FWW=freshwater wetland;OBL=obligate wetland species; FACW=facultative-wet
wetland species; FAC=facultative wetland species.
*Check in spring for species.A rare Iris species,Iris prismatica, is known in the area around Great Pond.The
leaves of the plant on this site were small.
Continued
Plant species 2
6480 Soundview Avenue
1000-59-8-2
Scientific name Common name FWW Notes Photo-
indicator graphs
Status
Upland species
Fagus grandifolia American beech Native
Cary sp. Hickory Native
Sassafras albidum Sassafras Native
Quercus alba White oak Native
Quercus coccinea Scarlet oak Native
Phytolocca americana var. Pokeweed Native
americana
Aythyrium filix femina Lady fern Native
Thelypteris noveboracensis New York fern Native Yes
Pteridium aquilinum Bracken fern Native
Phegopteris hexagonoptera Broad beech fern Native
Viburnum acerifolium Maple-leaved Native
viburnum
Toxicodendron radicans Poison ivy Native Yes
Parthenocissus quinquefolia Virginia creeper Native
Lonicera japonica Japanese honeysuckle Invasive Yes
Polytrichum sp. Haircap moss Native Yes
Geum sp. Avens Yes
Solidago sp. Goldenrod Native Yes
Aralia nudicaulis Wild sarsaparilla Native
Nabalus trifoliolatus Three-leaved Native
rattlesnake-root,Gall-
of-the-earth
Eurybia divaricata White wood aster Native Yes
Parathelypteris New York fern Native Yes
noveboracensis
Rumex crispus Curly dock Naturalized
Rubus phoenicolosius Wineberry Invasive
Rosa multiflora Multiflora rose Invasive
Celostrus orbiculatus Asiatic bittersweet Invasive
Persicaria perfoliata Mile-a-minute weed Invasive
Euonymus elatus Burning bush Invasive
Vitis labrusca Fox grape Native
Microstegium vimineum Japanese stiltgrass Invasive
Rubus allegheniensis Blackberry Native
Elaeagnus umbellata Autumn olive Invasive
ANlum vineale Field garlic Naturalized