HomeMy WebLinkAboutHubbard, Anne A. MELISSA A. SPIRO ~-~1 Towa Hall. 53095 State Route 25
, P.O. Box 1179
LAND PRESERVATION COORDINATOR ~ Southold, New York 11971-0959
Telep~xone (631) 765-5711
Fax (631~ 765-1366
DEPART1VIENT OF LAND PRESERVATION
TOWN OF SOUTttOLD
To: Elizabeth A. Neville
Town C~erk
From: Melanie Doroski
Administrative Assistant
Date: March 1, 2004
Re: Anne A. Hubbard to Town of Soutbold
Gift of Development Rights Easement
SCTM #1000-55-5-2.4
SCTM #1000-55-2-24.2
SCTM #1000-63-1-16
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Suffolk County Clerk Records Office Recording Page
· Suffolk County Recording & Endorsement Page
· Odginal Grant of Development Rights Easement dated December 11, 2003, between Anne
A. Hubbard and the Town of Southold, recorded in the Suffolk County Clerk's office on
12/t 7/03, in Liber D00012290 at Page 536
Thank you.
Melanie
cc: Assessors w/copy of recorded deed
Jack ~herwood w/copy of recorded deed and surVey maps
Town Board w/o encs.
'i ' SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Recorded: 12/17/2003
At: 04:19:08 PM
TRANSFER TAX NUMBER: 03-20642 LIBER: D0001229D
PAGE: 53 6
District: Section: Block: Lot:
· 000 055.00 02.00 024.002
EF~24INED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
~eceived the Foltowin~ Fees For Above Instrument
Exempt Exempt
Page/Filing $72.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $0.00 NO RPT $70.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm. Pres $0.00 NO
Fees Paid $172.00
TRANSFER TAX NUMBER: 03-20642
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
: FEB 25 2004
~ ~ FEI] 2 7 2004
DEPT. Or ~ND
PRESE~AT~ON
Number of pages ~L.U~-~L:~
~E~: OF
So~ ~ ~JFr 0L~. .......
Ce~cate ~ ~, ~
gTg 0~-2~6,42
Prior Cfi. ~
Deed / ~gage I~mem Deed / Mo~gage T~ Strop I Recor~g /
F~g
Strops
3 I FEES
Pag~ 4 Ffl~g Fee
Mo~gage
Amt.
1. Basic T~
H~g 5. 00 2. Ad~fion~ T~
,~ Sub To~
TP-S84
~otafion Spec./Assit.
or
Spec./Add.
BA-5217 ~State) ~ TOT MTG. TAX
R.P.T.S.A. ~{)~ ~~ Du~ Town Du~ Coun~ __
Held for Appoin~ent
Co~. of Ed. 5. 00 Tr~sfer Trax
~fidavit M~ion Tax
The property covered by ~is mortgage is
Cemified Copy or will be ~mproved by a one or two
NYS S~ch~ge 15. 00 ~ 0
f~ly
dwel~ng
only.
Sub Total ~S or NO
O~er
~d Total /*'/f~ ~ If NO. see appropriate t~ clause on
p~e g __ of ~is i~ment.
4 Dist./~*~ Section~,~Bloc~.Oo ILo*Z~.°'~ 5
/
g~ Prop~ay Consideration Amount $
Cerification ~ ~ -
~proved
'~ Satisfacfio~isc~ges~eleases List Prope~ Owners M~ling Ad,ess Vac~t/~La~
[ 7 I Title Company I~ormation
Co. Nme
Suffolk County Recording & Endorsement Page
T~s page fores p~ of ~e attached )Rrc T made by:
(SPEC~Y TYPE OF ~STR~NT)
~ ~~ The presses herein is situated in
S~OLK COUNTY, ~W YORK.
, ,h Towns,i o,
~ ~ ~ ~ 2~ ~ ~e VILLAGE
or HAMLET of .....
BO~S 6 T~U 8 ~ST BE TYPED OR P~TED IN BLACK ~K O~Y PRIOR TO ~CO~G OR F~ING.
(over)
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *vou will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January 10a and on or before May 31st,
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Tau,~es
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901
(631) 957-3004 (631) 727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes ~
250 East Main Street Shelter Island Town Hall
Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 11964 ~
(631) 473-0236 (631) 749-3338 ~
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes ~
300 Pantigo Place 99 West Main Street
East Hampton. N.Y. 11937 Smithtown, N.Y. 11787
(631) 324-2770 (631) 360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
HuntingTon. N.Y. 11743 Southampton. N.Y. 11968 I
{631) 351-3217 (631) 283-6514 ~
Islip Town Receiver of Taxes Southoid Town Receiver of Taxes I~
40 Nassau Avenue 53095 Main Street I
Islip, N.Y. 11751 Southold. N.Y. 11971
(631) 224-5580 (631) 765-1803
Sincerely,
Edward P. Romaine
Suffolk County Clerk
dw
2/99
12-0104:: 07/02¢g
"GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS pEED OF DEVELOPMENT RIGHTS EASEMENT; is made on the i~i1~-,
day of~)~c,'fl~f2003 at Southold, New The parties ANNE A.
;fork.
~re
HUBBARD residing at 9 Legget Road, Bronxville, New York (herein called
"Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having
its pr~ncipa. I. office at 53095 Main Road, P~O. Box 1179, Southold, New York
(herei n call: "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain rea property
located in the Town of Southold, Suffolk County, New York, more.fully
described in SCHEDULE A and designated for purposes of this Easement as
Parcel A (SCTM#1000-55-2-24.2), Parcel B (SCTM#1000-63-1-16) and
Parcel C (SCTM#1000-55-5-2.4!) and shown on the surveys marked EXHIBIT
A, all attached hereto, made a part hereof, and hereinafter referred to as the
"Property'S; and
WHEREAS, the Property is currently agricultural land in an open and
fallow condition; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space Character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource,
and has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of 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, tangibte and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other
good and valuable consideration paid to the Grantor, the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross, which
shall be binding upon and shal restrict the premises shown and designated
as the Property herein, more particularly bounded and described on
Schedule "A" annexed hereto and made a part of this instrument.
TO HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, her legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
Stewart Title Insurance Company
Title No: 23-S.3144
Schedule A Description
· 'PARCEL A: 1000-055.00-02.00-024.002
ALI. that certain plot, piece or parceI of land with thc buildings and improvemenm
thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk
and State of New York, more particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Middle Road, which point is the
southeast comer of land now or formerly ~f Madeleine Schlaefer; and from said point of
beginning
RUNNING THENCE North 39 degrees 39 minutes 30 seconds West, 150.00 feet to a
prom;
TIIENCE South 50 degrees 22 minutes 00 seconds West, 55.00 feet to a concrete
monument;
THENCE South 52 degrees 22 minutes 20 seconds West, 93.35 feet to a concrete
monument and land now or formerly of Wheeler;
THENCE South 55 degrees 32 minutes 40 seconds West, 140.01 feet to a concrete
monument and land formerly of Hoffmann, now or formerly of Pirrera;
THENCE South 59 degrees 21 minutes 00 seconds West, 140.01 feet to a concrete
monument and land formerly of Davis, now or formerly of Pirrera;
THENCE South 62 degrees 05 ,minutes 40 seconds West, 61.99 feet to a concrete
monument;
THENCE South 79 degrees 15 minutes 00 seconds West, 126.93 feet to a concrete
monument and land formerly of Van Duzer, now or formerly of Van Duzer Appliance Company
Inc.
THENCE North I0 degrees 53 minutes 50 seconds West, 450.43 feet to a point and land
now or formerly of Carroll;
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
THENCE North 79 degrees I5 minutes 00 seconds East, 625.34 feet to a concrete
monument and land now or formerly af Carroll;
THENCE ' Snn~ 07 degrees 08 minutes 00 seconds East, 30.35 feet to a concrete
monument;
THENCE southerly along other land of CarrolI, South 87 degrees 49 minutes 50 seconds
East, 414.30 feet to a concrete monument and the northerly side of Middle Road;
THENCE westerly along the said northerly line on a curve ta the fight having a radius of
2259.01 feet, a distance of 462.77 feet to the point or place of BEGINNING.
PARCEl B:. 1000-063.00-01.00-016.000
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, tying and being at Southold, in the Town of Southold, County of Suffolk
and State of N'ew York, more particularly bounded and described as follows:
BEGINNING at a point on the easterly side of Hortor/'s Lane at the northerly end of a
curve connecting the easterly side of Horton's Lane with the northerly side of Middle Road;
RUNNING THENCE North 8 degrees 57 minutes I0 seconds West along the easterly
side of Horton's Lane, 77.96 feet;
THENCE North 71 degrees 48 minutes 10 seconds East along land formerly of Conway
Bros., now or formerly ofV A Realty, Inc., 388.36 feet;
THENCE South 22 degrees 53 minutes 20 seconds East along land formerly of Long
Island Cauliflower Association, now or formerly ofV A Realty Inc, 93.54 feet to the northerly
side of Middle Road;
THENCE South 67 degrees 06 minutes 40 seconds West along the northerly side of
Middle Road. 367.01 feet to the easterly end of the curve above mentioned;
THENCE northwesterly along the same, having a radius of 40.00 feet, a distance of
72.56 feet to the point or place of BEGINNING.
PARCEL C: 1000-055.00-05.00-002.004
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk
and State of New York, more particularly bounded and described as follows:
TOGETHER with all right, title and interest of the party of the first part in and to the land lying
in the street in front of and adjoining said premises.
BEGIiNNING at a point on the southerly side of Middle Road at the northwest comer of
premises herein described, adjoining land formerly of Middle Road Corp., now or formerly of
North Steak LLC, on the west;
RUNNING THENCE along the southerly side of Middle Road, North 67 degrees 06
minutes 40 seconds East, 370.60 feet to other land formerly of Freak W. Abrams, Jr., now or
!0rmerly of William A. Penney III;
THENCE along said land and along land now or formerly of Gary and Joan Rempe,
Somh 17 degrees 55 minutes 50 seconds East, 367.40 feet to land of Daniel J. Charnews and
~4fe;
THENCE along said land South 72 degrees 04 minutes 10 seconds West, 418.14 feet to
~;aid land formerly of Middle Road Corp., now or formerly of North Steak LLC;
THENCE along said land North 09 degrees 37 minutes 50 seconds West, 338.91 feet to
use point or place of BEGINNING.
BEING AND INTENDED TO BE ghe same premises conveyed to gbe party
of the first part by deeds recorded in Liber 12237 at page 399,
Liber 12113, page 973 and Liber 12093, page 900.
TOQETPiER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
fi I II/ t,
The Grantor, for herself, and for and on behalf of her legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York and is authorized under Section 247 of the New York General
Municipal Law to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractu al rights
which may be necessary or desirable for the preservation and retention of
open spaces and natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic or agricultura
values of the Property and have the common purpose of preserving these
values. This Deed is intended to convey a Development Rights Easement on
the Property by Grantor to Grantee, exclusively for the purpose of preserving
its character in perpetuity for its environmental, scenic, agricultural, and
natural values by preventing the use or development of the Property for any
purpose or in any manner contrary to the provisions hereof, in furtherance
of federal, New York State and local conservation poli'cies.
0.04 Governmental Recoqnition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General iVlunicipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the :internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. Grantor has made available to Grantee sufficient
documentation to establish the condition of the Property at the time of the
delivery of this Development Rights Easement. :tn order to aid in identifying
and documenting the present condition of the Property's natural, scenic,
agricultural and aesthetic resources and otherwise to aid in identifying and
documenting the Property's agricultural values as of the date hereof and to
assist Grantor and Grantee with monitoring the Uses and activities on the
property and ensuring compliance with the terms hereof, Grantee has had
prepared, with Grantor's cooperation, a survey dated August 12, 2003,
(Parcel A) a survey dated July 11, 2003 (parcel B) and a survey dated July
11, 2003 (Parcel C), all prepared by John C. Ehlers Land Surveyor and a
Phase I Environmental Site Assessment, dated September 29, 2003,
prepared by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In considara~ion of ~h~ p~viou~ly E~c ~d ~ ~ promi~as,
und~akings, ~nd ~orbaa~nc~ cont~inad n ~]z ~v~nt Rlgh~
E~seme~t, ~he p~es ag~ upon i~ provi~i~ds, ~nt~ndl~g to be bound by it.
AR~CL~ ONE
THE EASEMENT
1.01 Typ~
This in~ment conveys ~ Developmen~ Righ~ Easement (he,in
called the "Ea~ment"). This Easement shall consist of the timi~ations~
agreements, covenants, use restrl~iofls, right, terms, and conditions
retired here~n. Reference to this "Easement" or ts "prov slons'' sba include
a~y 'and all Qf ~0~ ]~i~t ohs, Covenants, use re~rl~lons, rights, ~er~s
and ~nditJons.
1,02 Definition
'~Oev~opment Rights" shall mean the permanent legal interest and
dgh~ ~ p~Jb[t or ~st~ the use of the Prope~y for an~hing o~er than
Open s~'~ that te~ i~ presently referenced in S~ion 247 of the New
York G~e~a~ N~n dpal Law and/or defined [n Chapter ~9 of the Town Code
of the Tow~ of Southold.
1.03 .Duration
This Easement shal be a burden upon and ~n wi~h the Prope~ in
perpetuity,
Z.04 Effe~
This Easemen~ shall run with ~he P~pe~ as an incorporeal interest ~n
the Prope~y, and shall e~end to and be binding upon Grantor, Grantor's
agents, tenant, OCCupants, heir, personal representatives, sUccesso~ and
assigns, and a I other individuals and entities. The word "Grantor" when
used herein shall include all of those pe~ons or entities, Any rights,
obligations, and interests herein granted to Grantee shaft also be deemed
granted to each and eve~ one of i~s subsequent agents, successors, and
assigns, and the wo~ "Gran~ee" when used herein shaiJ include ail of those
persons or entitles.
AR~CLE TWO
SALE
G~NTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetui~, together with
all rights to enforce it. Grantee hereby accepts this E~sement in perpetuity,
and unde~akes to enforce it against Grantor.
AR~CLE THREE
PROHIBITED A~S
From and a~er the dale of this Easement, the following a~s, uses and
pra~ices shal~ be prohibited forever upon or within the Prope~y:
3.01 StructL res
Except as provided in Section(s) 4.06, the construction or placement
of residential, commercial, industrial or other buildings, structures, or
improvements of any kind or nature (including, but not limited to mobile
homes), permanent or temporary, on, over, or under the Property, shall be
prohibited. Structures and improvements, including, but not I/mired to,
driveways and other structures as may be permitted n Sect/on(s) 4.06
der the I~rop?ty wi~out the prior
T'~a,y be required 1~ theToWn of
only if
I1 be
o:n or
~ berms, driveways or ~.
3.02 Excavation and Removal of Naterials; Mininq
The excavating or filling of the Property shall be prohibited, without
the prior written consent of Grantee. Mineral exploitation, and extraction by
any method, surface or subsurface, is prohibited. The removal of topsoil,
sand, or other materials shall not take place, nor shall the topography of the
Property be changed except for purposes of erosion control and soil
management, without the prior written consent of Grantee.
3.03 Subdivision
The Property may not 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. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, 'n whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumpinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization and composting.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (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 Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems on the Property
shall be prohibited without the prior written consent of the Grantee.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or industrial use shall be prohibited. For the purposes of this
section, agricultural production, including the raising of crops, livestock and
livestock products, as the term is presently defined in Chapter 25 of the
Town Code shall not be considered a commercial use.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the US
Department of Agriculture's National Resource Conservation Servi~e.
3.09 Drainage
The use of the Property for a leaching or sewage disposa field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.10 Development Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property and
the parties agree that such rights shall be terminated and extinguished and
may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RTGHTS
4.01 Ownership
Subject to the prowsions of ART]:CLE THREE, Grantor shall retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTTCLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law.
4,04 Landscaoln~ Activities
Grantor shall have the rigtlt to continue, the curreot modes of
landscaping, pruning and grounds maintenance om the Properb/and to clear
the Prooerty ?or use in agricultural production. G~"ar~tor shall have the right
to remove or re. store tree~, shrubs, or other vegetation When dead,
d~seased, decayed Or damaged, and to remove invaslTve or exotic species.
4.05 Structures
A. Allowable Improvemenl~. Grantor shall have the right to erect eno
malntam stroctures and improvements on the Property set forth below, with
the prior written approval of Grantee, and with such further approval as may
be required by the TOwn Code provided the structure or improvement does
hot defea~ or derogate from the purpose~ of this Easement or other appl cable
(i) Access drives, to provide access to the improvements permitted
Dy this Section 4,05~ a'foot trail t-or non-motorized vehicles, for
foot traffic ont¥ for the sole use of the ?L~ure owners, tenants,
occupants aha lnvitees; and
(H) Underground fadlities normally used to Supply utilities and
control storrowater runoff from the improvements permitted
under the terms of this paragraph A and B.
Fences, if placed soas not to btock or detract ~rom the scenic
view.
B. I~eplacement of improvements: [n the event of damage resulting from
casualty loss to an extent which renders repair o~ any existing improvements
impractical, erection of a structure of comoarabJe size, use? and general
design to the damaged structure shall be sermjtted in kind and within the
same general location suD~ect to the review and written approvat of Grantee,
oursuant to applicable orovlsJons of the Town Goae,
C. Environmental SensJtNIty During Construction: The use and
location of any improvement perm,:ted hereunder shall be consistent with
ti~e purposes intended herein, and construction of any such improvement
shall mfnimize disturbances to the environment. Grantor shah employ
erosion and seaiment control measures to mitigate any storm water runoff,
including but not limited to minimal ?emoval of vegetation, mlnimat
movement O? earth and ml~ 'real clearance of acces~ routes for construction
vehicles.
4.06 Notice
Grantor shall notify Granteet in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could aoverse~y a~ec~ the environmental, Sce~c~ op~ ~pace, and
agdcuttura~ values which are [he subject of th~$ Easement.
This notice is in addition to any ~ther governmen~a~ applications
and/or approvals that may be reouired by this ~asem~t or by the Town
Code of the Town of Southold.
4.07 AJiena bility
Grantor shall have the dgn~ ~o convey, mortgage or lease all of its
remaining )nterest in the Property but only suoJect to this Easement.
Grantor shall promptJy notify Grantee of any conveyance of any interest in
the Proper[y, including ~be full name and mailing address of any transferee,
and the individual pdndp~s ~emof, und~ any such c~veyan~, The
i~s~Qmen~ ~ any such c~nvevan~ she spedfiCatiy set fo~h that ~e
ART]CLE F~VE
GRANTOR'S OBLIGA'r"JONS
5,01 Taxes and Assessments
Grantor snail continue to pay all taxes, levies, and assessments and
other governmental or municipa~ charges, which mav become a tien on the
Property, including any taxes or levies imposed to make those oayments,
Ti~e failure of Grantor to day all such ~axes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemr3ify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the DhysicaJ maintenance or condition of the Property or from any
taxes, levies or assessments upon it or resulting from tNs Easement, all of
which shaL Be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of its
officers, em¢loyees, agents or indeeendent contractors resulting: (al from
injuw to persons or damages to property adsin~ from any a6tivity on the
Property, except those due solely to the acts of the Grantee. its officers,
employees, agents, or independent contractors; and (b) from actions or
claims of any nature bY third Bartles arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, it~ officers, employees, agents, or
independent contractors.
ARTICLE SIX
GRANTEE'S RIGHTS
6,01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior' written notice to Grantor, and in a manner that will not
-interfere with Grantor's quiet use and enjoyment of the Property, for the
purpo:~e of inspectiON to determine whether this Easement and its purposes
and provisions are l:i:eing upheld. Grantee shall not have the right to enter
upon. the Pro:perry for a:ny o~:her purposes, except as provided in Section
5.04nor to perm t access upon the PrOperty by the public..
6.02 Restoration
Grantee shall ha~/e the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shalJ not be iable for any changes to the Property
resulting ,from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injuw to persons or to the Property resulting from
such causes.
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 li.mitation of, any other rights of Grantee hereunder 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 by Grantor within fifteen (~_5) days
notice thereof by Grantee (which notice requirement is 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 open space values or otherwise to further the purposes of
this Easement), Grantee'shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
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, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
corn pliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shal 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.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, ore'by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice 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 7.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Superwsor and the Town Attorney, or to such other address as
Grantee: may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTfCLE SlX
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
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment
This Easement gives rise to a property right and interest immediately
vested in the Grantee. For purposes of this Section 6.06, the fair market
value of such right and interest shall be equal to the eifference, as of the
date hereof, between the lair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, is hereinafter referred to as the
"Proportionate Share"). fn the event a materia and potentially
unforeseeable change 'n the conditions surrounding the Property makes
impossible its continued use for the purposes contemplated hereby, resulting
in an extinguishment of this Easement by a judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair
market value of the Property at such time. Tn the event of a sale or the
disposition by' Grantor to an unrelated person subsequent to such
extinguishment, or a transfer made on account of the exercise of the power
of eminent domain, the sale price or condemnation award shall establish fair
market value. Absent such a sale, the Property's fair market value shall be
established by independent appraisal.
ff all or any part of the Property is taken under the power of eminent
domain by public, corporate, or other authority, or otherwise acquired by
such authority through a purchase in lieu of a taking, so as to abrogate the
restrictions imposed by this Easement or otherwise effectively to frustrate
the purposes hereof, Grantor and Grantee sha join in appropriate
proceedings at the time of such taking to recover the ful value of the
interests in the property subject to the taking and a incidental or direct
damages resulting from the taking. Al expenses reasonably incurred by the
parties to this Easement in connection with such taking shall be paid out of
the recovered proceeds. Grantee shall be entitled to the Proportionate
Share of the remaining recovered proceeds. Grantee shall use such
proceeds actually recovered by it in a manner consistent with the purposes
of this Easement. The respective rights of Grantor and Grantee set forth in
this Section 6.0;6 shall be in addition to, and not in limitation of, any rights
they may have by t.aw with respect to a modification or termination of this
Easement by reason of changed cc~nditions or the exercise of powers of
emi~nent domai'n~ a~ aforesaid.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire UnderstandinQ
This Easement conta'ns 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.
7.02 Amendment/Termination
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This Easement can be terminated or modified in accordance with the
common and statutory law of the State of New York applicable to the
termination and modification of easements and covenants running with the
land and according to other applicable provisions of State Law, including, but
not limited to Section 247 of the General Municipal Law. If the parties seek
to amend this Easement, and such amendment does not alienate any
property rights acquired by Grantee herein, the Grantee shal hold a public
hearing with due notice to consider the amendment. Such an amendment
may be approved by a majority plus one vote of the Town Board, provided,
however, that Grantee shall have no right or power to approve to any
amendments hereto that 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, any regulation issued pursuant thereto, or Section 170(h) of the
Code governing "qualified conservation contributions".
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except upon the adoption of a local law authorizing the alienation of said
rights and interest, by a majority plus one vote of the Town Board of the
Town of Southold, 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 those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severabilit¥
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, 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 shall be severed from the other provisions, which
shall remain enforceable and effective,
7.05 Governinq Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7. ~)6 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's attorney. No alleged ambiguity in this Easement
shall ~)e construed against the party whose attorney drafted it. Tf-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 purposes 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 purposes 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
purposes
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7~09 Recordina
Grantee shall recor~ this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinas
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
TN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
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ACKNOWLEDGED AND ACCEPTED:
TOWN O~/SOUTHOLD(Grantee)
BY:
/X.losh ua Horton
Supervisor
STATE OF NEW YORK)
COUNTY OF~.~ SS:
On this ~'day of '~"~:. in the year 2'003 before me, the
undersigned, personally appeared ~t.-~ R. ~+.~,~L. personally known to me
or proved to me on the basis of satisfacto~ evidence to be the individual(~
whose name~) is ~., ~) subscribed to the within instrument and ~
acknowledged to me that./she/they executed the same in ~s/her/t~r
ca pacity(~), and that by ~s/her/t~ir signature~) on the instrument, the
individual~), or the person upon behalf of which the individual~ acted.
executed the instrument,
Thom~ ~. Hubba~
Notary PubJic ~. 02HU699~250
Qualified in W~s~hester Coun~
N-----q~mi~i~ ~ira6 Sa~ 30, 2~6.
For use outside ,.=w YorK~tate:
State, District of Columbia, Territory, Possession, or )
Foreign Country ) SS:
On the day of in the year 2003 before me, the undersigned,
personally appeared , 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(les), that be
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, and
that such individual made such appearance before the undersigned in the
(Insert the city or other political subdivision and the state or country or
other place the acknowledgment was taken.)
C: /Anne/Town of Southold Development Rights Deeds/Hubbard Final
Development Rights Easement
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this l l'~day ofl])~n~(in the year 2003 before me, the
undersigned, personally appeared ;~Sh~ I~/~(/ , personally known to me
or proved to me on the Basis of satisfactory ewdence to be the individual,s~)
whose name~'~ is (are-) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/hc,ff-t-h~r
ca..pact, y(~e~)' , and that by his/,~-Cb~e~r sJgnature~.., on, the nstrument, the
indivldUa[(;¢), or the person upon behalf of Whf, ch the individual(C) acted,
eX~cuted'th'e instrument.
Notary PUblic
ANNE M, RAMUNNO
I~lotary Publi~. State of New York
No. 4990457
Qua~ifi~l in Suffolk Coun~
Commissior~ Expires Jan. 6,