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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. I I I I I I I I I I I I I I I I I I I I I I I / / / / / / / / / / / 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,