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HomeMy WebLinkAboutPLT (Peconic Bluffs) M 'dd SUPIFOLK COUNTY CLERK OFFICE r C PAGZ Type f Ins nt M/D0P Recorded: 01/15/2003 f Number of Pago*: 12 At: 09:56:4 TWWSFER TAX BER: 02-2330'3 L DOO'0122 D P 433 District: Section: : 1000 068.001 03.00 007.000 Z 'A Deed oun $0.00! sly Received the roll waw ng For Above Instrument j Z eta /filing36.00 no Handling 00 No TP-384 $5.00 NO Notation $0.00 NO SCTX 0.00 NO Transfer tax $0.00 IRO . rra s Paid TAX 02-23303 I THIS PAW IS A PART OFT =S%%UWM Z"ard P.Romaine J D County Clark,, Suffolk County �. 1, 10 j j f r �i /iii'' M U TORRENS Jan 15 09156142 Edward P.Roi Sedal 0 MIM W wax CDJ"7y aarniilcaaat M is DOW230 433 DTA: 02-2,3303 Prim CIE ilk Du I ian Tax Caa� p 4 FEES Page l filing Fax Aant, 1,Swic ax /M TP-584 2.Addhiamat Ta i�Nmiawlign Sob Total 1 FA-3217(State) I Icy TOT. .TA i1.p;T«'gwAk %i flW T" na N a mw y comm,arof ._ I kid!fix Appi ankicava nt rr AMda,VIt « Tonsfoc Tex 15 % ISO i wi . ...._� T laaa m covai this is or� awi'li inn ian yt4 e a ria~two family R", 'f°aaal waa4liagg ody. J Olher ORAND TOTAL 1f'NO-am'appmpriatit�aaa 1w1� a�a tax iwan page g of this d fiamat tl!Zy T" iiaaulfiralloa6 Coaaaaaaaaaaau ir�ar�aaailcaaa Fund 1000 06000, 01300 00700 CPP I'lax Due pMWd 1� 1N wmlt'Land Thaiisfi dicot 'iii latah'ickam IList Owners iililaw Ad � Town, of Southold TOf 1 530,95 main Road Southold, NY 11971 PCO, 4" g-a Title if Suffolk g2a Recordin & En6remene msperfbintivirettordroadwonserva ion Easement' made by- . laeaaeall ls i inTO l Pecohic Land Trust ti In dw T or HAMIn*of ITOW 9 MW L "IYPM OR MWW IN 131ACK INKONLY PRJORTO RECOR40 0K MENG // gg 1 HIS DEED OF CONSERVATION EASEMENT,is made on the 0 day of January tat Southold,New Fora, "[he are p I TRUST, ff f �, "tea a w C-f p efn New'York�rxtio nr'havin office principal oat. j Hampton Road.P.O.Boat I77C,Southampton,New York 11969 fherain call"Granlor"Nl and the TOWN OF SOUTHOLD.a Mnwnicipalarporation,having it principal office at 53095 Main 1 I Road,Southold,NY '.11971 (herein called Grantee). WHEREAS,Grantor is the owner in foc simple of 8.9-acres of real property located in the hamlet of Pemic,in the Town of South .Suffolk County Now York.identified us SCTM 11 10"-3-7 and is more fully d cribed in SCHEDULE A attached hereto,made a part hereof,easel hereinafter refenred to as the"Property";,and t � WHEREAS,farantor wishes to trant a Conservation Easement on the ,9-acre pmel of Property so that the Property shall remain in its open,orudeveloped,natural and scenic statae;and WHEREAS,the Propesty contAins freshwater wetlands should be preserved pursuant. to Section 9"7.10,to 97- the Codc of the Tow,of Southold known as"Wetlands".for the Imp of protecting,preserving.and maintaining the "own"s wetlands for the,protection of its SEAf citizens;and WHEREAS.the Property contains froshwatm,wcdan&drat shoutd,be Protected and pmwrwd puntuant to the New York Mata Department of unvironmental Conservation Article j4,a +YCRR Part 6672,and o WHEREAS,it is the policy of "Town of Southola,as arti tod in the Town's Maw plu n of 1973"arnended In 1986 awruril 11989 as adopted by the"Town Board.Town of Southold cade,Section 2r--a of the"Town law,to protect environmentally sensitive rvc prime I� rahricu l to al soils,to protect the scenic,open sp ore character ofthe Town and to protect the Town's resort and agricultural ecoa ,and % WTIEREAS.Article 37 of the lalaaw"Ifoak State Environmental Conservation Law.Section r 7-0101,et.scq..+entitled"Long Island Pine Barrow Maritime Reserve Act,"declared it to be in the public interest to proem and manthe fine ISarret s/Pcconic Buy maritime systern. MISS/ including sand the Property; WHEREAS,S",Grantor and' rang recopize thc,value and special character of the region in Mich the Property is laud,sand Grantor and Grantee have..in common,the purpose,and " objective of protecting and conserving the present state and inherent,tangible and l utri i l,e values of the Propcny as an acathetic,open space,and natural resource;and a WHEIItEAS.Grantee hat determined it to be deMmble ficial aand has requested i/ Grantor,for Itself and its successors and assigns.to grant a Conservation Easement to Grantee in order to restrict the further development of the arty whine permitting compatible uses thereof, NOWTHEREFOR& 10001111 fl,�J1 "s Warranty, Grantor wumwts ard represents are the Grantee,ths Grantor is ft owner of the property described in SCHEDULE A,fmc of any mortgages or liens and possesses the right to,grant this easement. i t a l 1 , 9M='s Stagg (rr�� Grantee warrants and represents to Granlor thaUt Grantee is a municipal corporation forganiAmd and seutistirtg under the laws of tlwe State of New York and authorized underSeiction 64 of that Now York Town,Law,and Section 347 of the New York Gonend Municipal Law to acquire fee title or Icsscr in is in land,including development rights,casements,covenants., and other contractual ri,ghts.which may be necessary or desirablic for the preservation and mention of open spaces and natural or scenic,rosourca. O bMMI 11w recognize the caviraturiental,natural,scenic,and open space values of the Property and have the common purptse of preserving thesic values.This'Dcc is intended to convey a Conservation Fasernent on the Ply by Grantor to Granter.,cochasiwrely forrthe purpose of preserving its open space character In Perpetuity for its environmental,,scenic,„open space,and naatunal values by piviveraing the use or development of the Property ror any purpose or in any munni contrary to the provisions better,in funtheraaswce of federal,New York State and i local conservation policies. M P211 warrents and represents that it possesses the intent=it aWlity to�the enforce terms of this tart Conservation o on the rty,and the Property sattis criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open 1 � Ifs 5 fin Gmnscie acknowledges by acceptance ofthis Eastracat that present uses of the Property are compatible with the purposes of this FAtsemcnit. Grantor has made avoitable-to,10runac: f sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. to oradcr tet aid:in idetalifyinganddocan,mating„the present conditwott of the Property's manures and othervise to aid in identifying,and documeraing theProperty's open space values as of the dow better.to assist Grand and Griattoo with monitoring the uses and acti vitics on the Property and muting conViia,cc with the terins,ham,Grantor hu prepared,+ida Granro "s cooperation,an inventory of the Prrrperty's relevant features and conditions(the"baseline Documentation'). This Bowline,Documentation includes.but need not be limited to,a Conservation Easemern.Map marked EXHIBrr A,an aerial photograph,phowgraphs of ft fProperty.,a phi 1 1 nzgm yf This instrument conveys a Conservation Easemnem,(herein called the, enl"), This . 1 FAsemeat shad consist of the covenants,restrictions,tights.terms.and conditions mcptol herein., Deference to this w tncnt"or it "Provisions" I include any and Wil of those comants, rests wrtions,tights,torahs and conditions. duration This Easement"I be a burden upon and run with the Property in perpetuity. INS This FAsemest shall run with thc Property as art incorporeal interest in the Property,and. �f shall extend to and be(binding upon grantor,Grortlor"s agents,tenants,oceupaaaats,haim personal representatives.successons and assigns,and tilt other individuals and enthies. The word 'Grantor"when used herein shall include all of those persons or crtitics-Any riglas,obligations., t andinterests harcin granted to Gramm mall also he doemod,gratued to auk and every once of its sub all or those ratans rear signs, the waword" n shall inc� ruts"su it' s. Q l I GDwtafwlTOR,as an absolute gift herein conveys to Aran this � >'g �rseles�s,� Easement, tuity,together with all rights to enforce it. Grantec hereby accepts this Easement in amity,and undetrtalaes to enforce it against Granw. l;"l O rl From and after rho date of this CasemeaL the following acts,uses and pacsica shall be prohibited forever,upon or within the Property- Except for the construction of one(t)abcdll for storage an allowed in Soction 411S,the construction or placement of residential.comtt, re aal,or industrial hutlidiap,structures,of, NO lrr�arrara:ments(including,but not limited mo le h sl,permanent or temporary,,on,over,or under the Propertyshall be lbite& All st s and improvements including the �the construction and;maintenance of trails fewr non-motorized vehicular use,and accx;m drives WWII be prohibited w idtout the prior urritten consena of Grantee.whichshall not he withheld if the:structure.immprovemnent,or activity does not defeat or dempm from the purposcs r of this Eawnsent. The excavating,or filling of the Property shall be prohibited without the prior written consent of Gramm which shall rtes he wwithaltuw:ld if the acti vity does not defeat or derogate from the purposes of the Easement. Mineral exp station,and extmetion by any method,surface or w subsudke.is prohiblited. "fineremoval of topsoil,and.or other materials shall not aulte place,.. nor stall they ttnpaoygnoy of the l'tropwrrty be changed except to construct and maimrtaain the permitted structures and improvements on the property and for purposes s of erosion control and soil management,without ft mor written cc scrit of Grantor,which mall not be withhold if the o j Y �J f activiattc strucumt,or improvement does not defeat or derugatc from the putpos t of this 1 ii i 7bc subdivision or partitioning of the propcilty shall be probibitedi without the prior written consent of Grantee,which shall not be withheld if the subdivision or partition duns not defeat or from the purposes of this EasarncnL 2,21 Duut7sn2irtts, The duan oraccumulallon orunsightly or orfensivemattrials including,but rxg IN, limited to trusit,illawbap.awd m, ashes.cheadcal waste.Isom and garden refuse or, s such as luµwwa and grass clippings,on the Progpenyw shall be prohibited„ %i MUM The display of sips,billboards,or advertistments,shall be Prohibited,excepisigas whose placancA,number,and,design do notsignifiwily dimnaish the scenic churamr of the Propertyundonly for my of the fol lowwinplpurposes- Qsii to state the name ofProperty and the name and adder of the Goal dfor Grantee,(b)to post the Property to control unauthorized entry or use,or(c)to announce Grantees conservation easornerit.Sips shall not be more than six:square W in size and are,subject to regulatory requirements of the,Town,of 1I til Timtsr.BomyW of Musudsm itad LmdaviuArAivOtin The use of any pesticides,herbicides or fumppicidcs an tete Propc y am prohibited without r the ptrior written consent of Grantor ad l cutting or luar^uti tui,of dimber on the Property.mid the cletrrinpp or removal oft shrubs,orotha vc0ation,is prtbaa7t rod,ampt Cor tae following purposes: (s),to clear and restore fowl cover that hurl been damaged or disturbed by forces of nature or human activity,(b)to prune xW selectively thin trans to create l item vistas in accordance with good forest moopment practices ad tho purposes of this anent,(c)to vernove or regm am,Anxim or other vegetation when dead,discased. decayed.or (4)to crcw and rn,aintal the,ponnitted structures,and Improvements. ,any low or activity that causes or is likely to cmise soil degradation torr c on pollution of any mduce or subsurface+masers shall be pd aibited;u The drairdl fi"ll in, ,dredging. or diking of the wetland area,including say onlarpprrnerats thereof,or the cultivation or other disturbance of the soil within 100 feet of the wetlands shall be prohibited. 2A uses 77uc use of the'Property for any resilectl c rcial or industrial purpose shall be l f l paolaibitcdd. J Tbe use of the property for a leaching or sewage disposal l Field all be pmbibited.71v HER use of the Property for a drWmW basin or stump shall be prohibited except to control flooding or sail erosion on the Propenyw. 2,10 DaIdgwol Rift ( 7u use of the acotage of this Property for purposes of calculating lot yield on arty other Pmpeny shall be probiblited. Granter hereby grants to Gruntoc Gnuall existing developroont rights IN (xW any further devc1opment rights that my be created,through a moning of the Property)on the Property es agree that such tights shall be teminsted and extinpiabod and may not be used or transferred to any other parcels. 4 l� f Subject to the pmvisions of ARTICLE"fHltlM,E,grantor slrall rdain all other customary riou of,ownership in the Proof which am more ratkularly dmvibcd in this ,f ARTICLE E FOU. 102 Banssi ANN, Gnmtor shall continuo to have the right to exclusive possession of The Property. 00, Grantor shall have the right to arose the Property in any manner and for any purpose 1 eonsiatent with and not prohibited by this Easement us swell was applicable Idcal,Newr York,,Sts or federal law. Aaimmbm Removal of AMMWO Ed lanikowng Mytifin Ex=pt as d'ed in Section Via, for shall have the right to continue the current nuxle , s or landscaping,pruning and alae maintenance on the property. I 4.M,JMX=KW frn tnettta Grrantarshall have the rigluto crcct and maintsift the following non-residential structures FRI' and improvements on the Property with the priorwritten consent of Grantee,which consent shall not be withheld if the,struurtum or improvement dbcs no defeat or dewrope from the purposes of this Eascment Such mructures and improvements Inehade„but are not limited to. FBIi a"" ^ OV44t a�,ran fof tri V%t �l tt -rfdt (I f �shr�v gna, d leen hes,related to tial I use r (li) Access drives,trails.footpaths reelasVaead to thrill use t (iii) p'e I' In the event ofda awr t resalting from caualty to an extent mawh,Ica renderAmpair of un, r`. ,, eauisti ng Improvements impractical, cease of a ure of eo le sire, k,use,and �� Veneruldesign to the damaged structure sholl be perm" wia n the same genes locution 1 sabject to the review and written approval otGrantec, 1Grantor ill notify Ommoc.in wrWn&before talting any wilon orb+efom eseisIng any reserved right,with respect to the Property,whkhi couldadversely of xt the environmental. scenle,open space,uW a0cualtural values which=the,subject of this Esavcincnl. Such approval.disapproval or comments art' iraanteae shall he given to a roator within 45 days,after all � necessary documentation tired inl"nm, tiom is submiuM to Grant= I'- " Gruntor shall have the dgM to convey amll or any part of its remaining inwrost in the Propertheat only subjecito this Easement. Grantor shall P,mmpdy notify Grantee of any conveyance of any inlaerest In the Property,Including the lull name and tnttlling address of any transform.wW the individual principals thereof,under any such conveyance. The Instrument of any such convoyance shall specifically set,fonds that the Interest thereby conveyed is subject to this Easement,without modification or t t of Haws arnt, shall 0 Illl�i. �� rY w incorporate this Esserneal by reference.specifically setting for the date.,office,lir snd pap of ' the according herel l(Wore of any such instnameat to comply with the provisions hero' shall not affect Granites rights her wunrll As set forth in Chapter 59and Chapter f,of the Town Code of the Town of Southold. OPEN SPACE acquited by the partuant to the provisionsof those ehapters shall not theitafter be alientsed,except upon thoaffirmadve vote of a majorityof the Town Board after u public hearing and upon the approval of the electors of the Town voting on as proposition subatitted at a special or bicanial mwo eloctial No subsequent amendment of the provisions of those Chapters shall alter the lirmtatnons lung!upon the ulicnation of development rights acquired by the Towyn prior to any such,amendment. Grantor shall indemnify hold Grul harmless for any liaabiliity.'emal eys' jj leesJudgmems or experses to Grantee or sae T of Its oft +earuplo „at tai rur i contractors arising from the i deal mainteturace or condition of the property,or fromany tans, levies or assessments upon it or resulting from this Easement.all of which shall be considered Grantor's obligations. f' JOmntwshall indemnify and hold Grantat harmless(or any libility,costs, ys" % fresJudgrnents,orexpeases to Grantee or say of its officers,employlocs,agcots or independent " aonturactors resultio . (aa)from injury to persons ordanuVs to property arising from say activity on the Property,oxcept those dim solely to the sets of the Ontatee,its,officers,ernpl aWnts,,or irdep drt contractors;and(b)1'rom actions or claims of any nature by third panics arising low of the catzift Into or examise of rights under this casement,ueatcaptinug any of those matters arising,solely from the sects of Granice,Its officers,employees, ,or independent contructoM a " / Gramee shall have the right to eraser upon the Property at reasonable times..upon prior i an wicua to Grantor,and in a nnanner that,will not interfere with Orimune"s quiet use and cnjoryment of the Property,for thetion to determine whether this Easement and Its purposes and provisions see being upheld. Grantee shall not have the right to enter,upon the " Property for any other purpose,exc t as provided in Section 6.01,nor to permit access upon the Property by the lic. f i Grantee shall have the fight to, tomo none the Pmporty to the coruti ► required by this Easement and,to enforce this right by any action or proceeding that Grantee may " reasonably deem necessary. Howem,Grantee shell no be liable for my charuges to the f Property resulting frorn causes beyond the Grantor's control.iincluding,without limitation,fire, flood,storms,and earth movement.or ftom any prudent action taken by the Grantor under emergency conditions to prevent.abate.or mitigale significant in urs persons or tau the Property resulting from such causcs. r ff, d MISS' f Grantor acknowledges und agrees that,Grantee's remedia A law for any violation of this Eawmem,are isac. Therefore,in addition to.and,not in limitation of,any odw rights of Grantee hereunder at law or In cquity.in the event any brviich4 defaull or violation,of any term. provision,covenant or obligation on Grantoes W to be observed or performed porstaim,to this Easement is not coned by Grantee within fifteen(15)days,notice therciff by Grant=(which notice require inerd is expressly waived,by Grantor with respect to any ituch breach,dcWt or violation which.in Grantee's reasonable judWent,requires Immediate action to preserve and, prow any of the open space values or otherwise to further the purposes or this,Eawmcni,), Gnmtcc shall have the right at Gruntor's sotc,cost and expense and at Orstitee"&election, 0) To institm a suit to enjoin or cum such bmach,de fault or violation by temporary and/or permanent Injunction. (ii) To entirr upon the Property and,exercise mosonable ctfou to wriOnate or cute such,breach,default or violation 4rWor to cause the restoration o(that portion of the Property affectedby such breach,default or violation to the condition that existed prior thereto,or (III) To seek or enforce such other Ice andhir equitable tallier or roudics as Grantee deems necessary or destrubte to ensure complianct:with the terms,conditions, covounts,obligutions and putpom of this,Eusemat-,provi"however.that any Marc,delay or election,in so act by Chwact:shall not be deemed to be a waiver or a Weiturt of any fight or available remedy on Grantee's put with respect to such Witch,default,,or violation or with rapoict to any odiier breach, default or violation of any term,condition,covenant orobfigation sander this Easoment. In On event that Grantee prevails in any legal proceeding brought under the,provisions of this Section 6.04,Grartiow shag pay,either ditectly or by wimbursement,to Grantee,all] reasonable attonicyl's fees,court costs and other exposes incurred by Charitce(barci,n called "Legal Expenses")In cioa with any proceedings under this Section. Granite's cativist of one remedy at tefier under this ARTICLE SIX shag W have the: cffect of waiving or limiting any other remedy or relid,and the failure to exercise or delay in flf exercising any reartedy AmM not have the effied of wal Ying or limiting,the use of any other remedy or refid or the use of such otheir remedy or relief atany other time. Grun,itcesball have the right to asiSa any and all of its rights and itsponsiblifies,under this Easerricut,and any andl allot Its fIgbW Otte and intevest in,and to this Easement only to a Z' qualified organization(herein called"the:Assipce") As used hemina the term-titailified orgarilzution"mons a not-for-proth corporation.or a governmental unit or apacy,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 moniaS of Section 170(h)(3)of'the Code.which is organized or operated primarily or substantially for one,of the conservation purposes specified in Section 170(hX4)(A),of the cock. Any assignment by Grantee or a successor Grantee must require theAssignee or Assmaec's successors to carry out the PuTioses of this Easement. The Assignee and its sticcoseas and asirign shall have the swrie right of assignment,,subject to compliance with the provisions of this Section&K h6.06§u2migg If at any dirric Ortintee or any Assignee is unable to enforce this Eawrnem,,or if oramcc, or any Assignee ceascit to exist or coses to be a qualified organization under I.R.C.Section 170(h)(3),then this Easement shall be voted In such qualified corprimfion.body or agency its 7 l defined anal upon the conditions contained in Section 6.05 as the Cwmaw shall designale. If.on the occurrence of any of diese events,Grantee or any successor or assignee(arils to asci, ;n all of its rights and w4ponsibilitiesthis Eastancol wW all of its rillus,title and interest in and to this Easement to a quallfled organization,then the riots and msponsibilitics uadcr this Emmont ON shall become vested in another qualified ompunization,in accordance with a cy pares proeeoadinj buwawu ht in any court of competent jurisdiction,. This Easement Sives rise to,aproperty sight and interest immediately wrested in the Grantec. For purposes of this motion 6,07,"rr nuarkin value of such right aril Interval shall be equal to the difference,as of the date hereof,between the fair market value of than property l subject to this Fasement 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 refetred,to as the"Proportionate hare")6 In the event a material and potentially unforeseeable change in the conditions mantling the limparty took",Impossible its continued use for the purposes contemplated hereby,resulting in an extinguishment oaf this Easement by a judicial proceedinS.Grunter nater shall pay to Grantee an amount equal to the proportionate Sham of the fair mwket value of the property at such dine, In the event of a sale by Ornpor to an unrelated subsequent to such extinguish hent,ora transfer inade on account of the exercise of the power oreminent domain,the style price our condemnation award shall establish fair mastat value. Absent such a sale,theProperty's fair market value aball be cstablisheci by independent, aMpproisaaal, if all or arty prurt of the Propertyls,taken underthe power of eminent domain by public, corporate,or other outhority,or otherwise acquired by such authority through a purchase in lieu of a taking.so as to shrogaic the more unposed by this intent or otherwise effectively f tau frustrate the pub hereof,Granattaoramtal Gramm shall join in appropriate procced ngs at the time of such taking to recover the full value of the interests in the property subject to dw taking 1 and els incidental or direct da; resulting from the taWn& All expenses y incurred ,. by the parties to this Easement in connection with such taking shall be paid out of the,recovered droccords. Grantee shaall be entitled to the Proportionate Sham of the remaining,recovered Greaten shall use such proceeds actually recovered by it In a manner consistent with the this Eascmcnt. The respective rights of Grantor and Gramet ad forth in this Miran fr 07 shall be in addition to,sated,not in libation of,any rights they may have by law with respect to a modification or terminations of this FAsement by reason of changed cditions or the exercise of power of eminent dean a eomsold. 1 I 'Chis l3itsement contains the endre understancting between its partica concern,ing its subject matter. Any prior agreement between the parties concerning its subject matter small be merpaed into this Essarnent and supeneded by it. This Easementccaunn be terminated or modified in accordance with the common and statirtory law of the State,of Now York applicable to the terminestion,and modification of easements and covenants mauling wft, the land. or l iroutually have,the right to agree to arricodownts to this FAsernent that am not Inconsistent with IM purposes of this 'Easement set forth in the Introduction hemof:provided,however,,that Grantee shall have no right or power to a to any amendments hereto that would result in the FAsemen,t failing to qualify as a valid Conservation flusemem under Article ^p,11fle 3 or the Environmental Conservation,Law of the ate of New York,ins the saaiute may be hereafter arnendemd,on.,y raeekulaation issued pursuant th«erreto. 7-,93, Uvemb fill Any prows isiortofthis EmemnL,restricting lGrmloes=fivitics.whicbisdct=inedtobe invalid or unenfowcablo by a court,"I not be invalidated. Instead,that provision shall be MMIN reduced or limited to whatever extent that court dictermincs will make it enforceable aid effective. Any other provision of this Eascment that is dctcrmined to be invalid or unenforceable by a court shall be severed from the other provisions,which shall remain enforceable and cffective. 7M Noi All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail,return receipt requested.or by certifled mail.with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall bo addressed to Grantor's address as recited hercin,or to such other address as Grantor may"Snate by notice in accordance with this Section 7.04. Mailed notice to Grantee"I 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 7.04,, Notice,shall be deemed given and received as or the date orits manual delivery or the date of its mailing. 7M Qov_crnin&Law New York Law applicable to doctis and conservation easerents pertaining to land locatcd within New York shall govern this Fla mcni in all respects,including validity,cortstruction, interpretation,breach,violation and performance. 7.% InteMMatigg Regardless of any contrary rule of construction,no provision of this Easement shall be construed In favor of one of the panics because it was drafted by the other party's attorney. No alleged arnbigttity in this Flawment shall be construed against the Party whose attomey dmiled it. If any provision of this Easement is arnbiguous or shall be subject to two or more interpretations, one of which would render that provision invalid,then that provision shall be given such n interpretation as would render ithis valid and be consistent with the purposes of s FASCIMn t.A y rule of suiL -t construction designed to limit the breadth of the restrictions on use,or the Property on shall not apply in the construction or inteMoctation of this Easement.and this-Lmment shall be interpreted broadly to tried the purposes of this Easement as Intended by the parties. The panics intend that this Easement,which is by naturc and character primarily negative in that Grantor has restricted and limited his right to use the Property,except as otherwise recited herein,be=,strued at all times and by all panics to effectuate its purposes. ZD7-Publig 14ccess Nothing,contained in this Easement grants,,nor shall be interpreted to grant,the right of the public to curer upon the Ph*wny without the express permission of Grantor, 5 —WIM19 The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordip Grantee shal I record this Easement in the land records of The office of the Clerk of the fisnmi County of Suffolk.State of New York. IN "nos The headings,titles and siftides herein have been inserted solely for convenient relbrence,and shall'be ignored in its construction,. 9 JJ/' . � Il I, J IN W ITN ESS WHEREOF,F,Grantor hats executed and dol"n vend and Gruntee has accepted and received this Deed of Conservation Easement on the day aiad year set forth e. J ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST.INCORPORATED(Grantor) r BY. f Ti C�t 'Vice entice ACKNOWLEDGEO AND A EPTED: ISI i TOWN OF SQ IOL©(U BY: �7 w M.Roue o nel'li I ty Supervisor STATE OF NEW YORK CCll:lNTYQFSUFFOLK SS Id � On this Y day olI In the year 201313 before rne,the undersignI personally appeared Timothy J.Canfield,personally known to me or proved to m on the basis or satisfactory evidence to be the individual whmnam is subscribed to the within instrument and acknowledged to me that the executed the sante in his capacity,and that by his signature on the instrumeta,the Individual,or the person upon behalf of which the individual acted.executed the Instrument. Notary Public ROSERTOEFRESE �- N Public,Stats of Now York MEN Aft � two.01DII q bt17 lye. atJ`�� tau ttNn r tut tk, ours a P � CO- mmisslara ray 4Actabe �l+t, o STATE OF NEW YORK COUNTY OF SUFFOLK q SS: j Onthis,r day of Amin the year M before mc.the undersigned,Personally 1015 appeared John M.Romanelli,personally known to=or proved to me on the basis of t 1 satisfactory evidence to be the individual whose num is subscribed to the within'instrument and acknowledged to me that he execute the same in his deity. and than by his signature,on the j instrument,the individual,or the person upon behalf of which the individual acted.executod the HIM iastn Mem. r f I t PuI ROBERT DEFRESE Al'Ko 4 it l crit Notary Public,Make of Now Yatk ° % Qd`�f.�' + Na.tin Su tt7 �au�r'A�tn�Saflolk Counly MM on 40AP, ti 1 SCffEI t4JJ E A: le ind B u t o of the Property fes, 10 IF ------ SCHEDULE A BEE AMENDED 113103 ALL that certain plot,piece or parcel of land,situate,lying mid being at Peconic,Town of Southotd,Suffolk County,New York,bounded and described as follows: COMMENCING at a monument at the southeasterly corner at the premises herein Is described where said pretnises h*=m Lakeview Avenue and Lot 7 on a consin map I entitled-Map of Peconic Knolls Map No. 6607" filed 9r29/77 and from said point of beginning; RUNNING THENCE South 27 dvus 53 minutes 50 seconds West,479.13 fed along the northwesterly boundary of said map#6607; RUNNING IH64CE along the northeasterly and easterly boundary of Map of Blue Horizons Map No.7974 filed 930/85; 1. NoM 82 degrees 20 minutes West,515.76 fixt to a int; 2. North 90 degrees 05 minutes West,225.77 feet to a monument; 3. North 31 degrees,19 minutes 20 seconds West,296.75 fact totw northerly4ine of a 33 foot light of way- - EVEN RUN�ING THENCE Wong said right of way three courses and distances: 1. North 8,2 degrees,49 minutes 00 seconds East,352.30 feet, WINE,. 2'. North 67 Mgmes 50 minutes 30 seconds East.263-62 feet; 3. North 81 degrees 22 minutes 00 seconds East,355.,37 feet to the westerly But of SW& land now or formerly orcmim and Stacy Michelis; RUNNING THENCE along said Land mW laid fonnedy of Mcbelis,South 51 degmes 21 minutes 00 seconds�214.72 fed to the point or place of BEGINNING. EXCEPTING from the Conservation Euznvmt a 33 foot private road:,and a 20 Toot right of way over the easterly pan of the premises herein reserving to the partly of the first part, his hcir3 and assigns,a right of way over said 33 foot private road'and over said 20 foot jright of way over the easterly pan ofthe prernises herein. EXCEPTING from the Conservution Casement a 20 foot light of way which runs southerly over land of Helut and others,to the northerly corner of had of Peconic Homes It Section 2; THENCE over a right of way 16%feet in width which runs:southerly along 211/11 the easterly side of land of Peconic Homes to the North Road,said 20 foot right of way and 16 K foot right of wrary being for access between land,of the party of the first pan and North Road, sM