HomeMy WebLinkAboutL 13277 P 907 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 12/30/2024
Number of Pages: 34 At: 11 : 01 :53 AM
Receipt Number : 24-0161429
TRANSFER TAX NUMBER: 24-16866 LIBER: D00013277
PAGE: 907
District: Section: Block: Lot:
1000 079.00 07 . 00 055.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $2,325, 000 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $0.00 YES Handling $0 .00 YES
COE $0 .00 YES NYS SRCHG $0 .00 YES
TP-584 $0 .00 YES Notation $0 .00 YES
Cert.Copies $0 .00 YES RPT $0 .00 YES
Transfer tax $0 . 00 YES Comm.Pres $0 .00 YES
Comm.Pres Fond $0 .00 YES Comm.Housing Fund $0 .00 YES
Fees Paid $0 .00
TRANSFER TAX NUMBER: 24-16866
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
a RECORDED
Numberof pages 2024 Dec: 30 11:01:53 PM
VINCENT PULED
33 CLERY-. OF
This document will be public
of IFFOLK COUNTY
record. Please remove all L D00013277
P 907
Social Security Numbers DT# 24-16866
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Taff Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 a Sub Total
Notation Q Spec./Assit.
or
EA-5217(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX_
R.P.T.S.A Dual Town Dual County
Held forAppointrn t
Comm.of Ed. 5. 00 Transfer Tax
Affidavit k + �. Mansion Tax
Certified Coy& u O The property covered by this mortgage is
(}C or will be improved by a one or two
NYS Surcharge 15. 00 Sub Total UJ t� family dwelling only.
YES or NO
Other
Grand Total 0.00 If NO,see appropriate tax clause on
V1 page# of1h(�instr}� e_JJ )
5111153 1000 07900 0700 055000 Jdd
4 Dist.100 5 Community Preservation Fund
Real Property RPRAIt q I�III'llll �I Consideration Amount$�000-
Tax Service
Agency CPF Tax Due $
Verification
Improved
6 Safisfacfionsffiis argesJlReleases List Property Owners Meiling AddWs
RECORD&RETURN TO: Vacant Land
Mr.Robert A.Morrell
Superintendent of Real Property TD
Department of Environmental Conservation TD
625 Broadway
Albany,NY 12233 TD
Mail to: Vincent Puleo,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Conservation Easement made
by: (SPECIFY TYPE OF INSTRUMENT)
Peconic Land Trust, Incorporated The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of Southold
The People of the State of•New York Inthe VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
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1
Proceeding No.: 9992
Project No: CELCP Suffolk 142.01
Project Name: Reese Conservation Easement at
Hogs Neck
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT (hereinafter the "Conservation Easement") made
this15day of M , , 2024, between PECONIC LAND TRUST, INCORPORATED, a
New York no corporation, having its principal office at 296 Hampton Road,
Southampton, NY 11968 (hereinafter"Grantor"), and THE PEOPLE OF THE STATE OF
NEW YORK, acting by and through their Commissioner of Environmental Conservation,
having an office at 625 Broadway, Albany, NY 12233 (hereinafter "Grantee" or
Grantees).
WITNESSETH
WHEREAS, Grantor is the owner, in fee simple, of certain real property located in the
unincorporated hamlet of Southold in the Town of Southold, County of Suffolk, State of
New York, described in SCHEDULE A, attached hereto and made a part hereof,
containing 29.8 acres of coastal forest and freshwater wetlands having significant
Natural Resource Value desirable for conservation and passive public recreational
access (hereinafter"Protected Property"); and
WHEREAS, the Protected Property is located within the Peconic Estuary which is
designated an Estuary of National Significance by the National Oceanic and
Atmospheric Administration; and
WHEREAS, the Protected Property is located within the legislative boundary of the Long
Island Pine Barrens Maritime Reserve as defined in Article 57 of New York State
Environmental Conservation Law; and
WHEREAS, the Peconic Pinelands Maritime Reserve is a priority conservation area in the
New York State Open Space Conservation Plan; and
WHEREAS, conservation of the Protected Property's Natural Resource Values and
passive public recreational access thereto is consistent with the New York State
Department of State Coastal Zone Management Plan; and
WHEREAS, Grantor owns 23 acres adjacent to the Protected Property known as the Wolf
Property and currently manages both Properties as a single integrated natural area of
approximately 50 acres; and
WHEREAS, by the granting of this Conservation Easement, Grantor intends to protect the
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Natural Resource Value of the Protected Property, safeguard water quality in the Peconic
Estuary and provide new opportunities for public access to open space by prohibiting
development inconsistent with conservation and limiting certain uses while providing for
Public Recreational Use that is passive in nature; and
WHEREAS, Grantee is authorized to accept and hold conservation easements to protect
property important to the conservation of natural resources under the provisions of New
York State Environmental Conservation Law (ECL), Title 3 of Article 49;
NOW THEREFORE, Grantor, for consideration of Two Million Three Hundred Twenty-
Five Thousand and 001100 Dollars ($2,325,OOQ.00) and other good and valuable
consideration paid by Grantee, the receipt and sufficiency of which are hereby
acknowledged, grants, conveys, and releases to Grantee this Conservation Easement in
perpetuity, pursuant to Article 49, Title 3 of the ECL in, on, over, under and upon the
Protected Property on the terms and conditions set forth herein.
1. DEFINITIONS: Capitalized words or terms used in this Conservation Easement, or
in documents associated with this Conservation Easement (such as the Baseline
Documentation), shall have the definition and interpretation as set forth in APPENDIX
8, attached hereto and incorporated herein, unless such word or term is otherwise
specifically and intentionally defined elsewhere in this Conservation Easement or
associated document(s).
2. PURPOSES: This Conservation Easement is hereby granted for the following
purposes (hereinafter, the "Purposes") in perpetuity.
2.1 Limit Development. To limit the development of the Protected Property and
prevent residential, commercial, industrial and extensive agricultural uses of the
Protected Property, except as permitted by this Conservation Easement;
2.2 Prohibit Subdivision. To prohibit Subdivision of the Protected Property, except
as permitted by this Conservation Easement;
2.3 Protect Open Space,_Groundwater and Natural Resource Value. To conserve
and protect the open space, groundwater quality and Natural Resource Value of
the Protected Property;
2.4 Provide Opportunities for Recreational Uses. To provide opportunities for
limited Public Recreational Uses on the Protected Property that are passive in
nature and compatible with the above stated Purposes.
3. RESTRICTED USES AND PRACTICES: The Parties agree that the following
restrictions shall apply to the Protected Property in perpetuity:
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3.1 Certain Prohibited Uses. Residential, commercial, agricultural or industrial
activities of any kind shall not be permitted on the Protected Property except as
specifically permitted, or reserved, by the terms of this Conservation Easement.
3.2 Conveyance of Portions of Protected Property; Subdivision. The transfer,
conveyance or sale of less than the entire Protected Property described in
SCHEDULE A and the Subdivision of the Protected Property, or any portion
thereof, or any subdivision of specific rights, including easements of any kind, are
prohibited, except as follows:
a. The following actions shall not be considered a division or Subdivision as
defined in this Conservation Easement and are permitted under this
Conservation Easement. The Grantor shall provide the Grantee with copies of
any recorded documents upon completion of a transfer permitted herein and
notice of the name and address of such transferee.
1. Conveyance to Grantee, or to a third party solely for the purpose of
facilitating ultimate conveyance to Grantee, of a fee interest in any portion
of the Protected Property or of any rights retained by Grantor in this
Conservation Easement with respect to any portion of the Protected
Property;
2. Conveyance of portions of the Protected Property to abutters to the extent
necessary to resolve a bona fide boundary dispute provided that:
i. Any conveyance for the purpose of resolving a bona fide boundary
dispute requires the prior approval of Grantee, which shall not be
unreasonably withheld;
ii. The portion of the Protected Property conveyed to a third-party to
resolve a boundary dispute shall not remain subject to the terms of
this Conservation Easement; and
iii. Any real property received by Grantor in exchange for such
conveyance to resolve a boundary dispute shall become subject to
this Conservation Easement unless Grantee agrees otherwise.
3. The grant of an in-common and undivided interest in the Protected
Property, or a mortgage on all or a portion of the Protected Property,
provided the mortgage, lease, agreement or contract is subject to and
subordinate to this Conservation Easement;
4. Subject to notice and prior written approval of Grantee, which shall not be
unreasonably withheld, conveyance of any portion of the Protected
Property to a governmental agency whose purpose is consistent with the
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Purposes of this Conservation Easement and who would qualify as an
assignee under Section 7.7 hereof.
3.3 Structures. Except as specifically permitted by the terms of this Conservation
Easement, no Structure shall be constructed or placed in, on, over or upon the
Protected Property.
3.4 Impervious Surfaces. Except as specifically permitted by the terms of this
Conservation Easement, roads, trails, parking lots, and other such areas on the
Protected Property shall not be paved or covered with impervious surface
materials.
3.5 Utilities. No new telephone, cellular, fiber optic, cable television, electric, gas,
water, sewer or other utilities, Structures and towers shall be located over, under,
in, on, upon or above the Protected Property, except as follows:
a. As provided for in Section 5.2;
b. Pursuant to the provisions of Section 49-0305 of the ECL when no
reasonable alternative exists and only to the minimum extent necessary to
accommodate the new utility;
c. Pursuant to the provisions of Section 49-0307 of the ECL;
d. Municipal or publicly regulated utilities located within, or within 30 feet of,
any public right of way easements which run through the Protected Property;
or
e. Any utility corridors, structures or towers that are proposed to be built in the
future and specifically permitted by the terms of this Conservation Easement,
or with the prior approval of Grantee.
3.6 Waste Disposal
a. The dumping or storage of ashes, trash, waste, non-composted organic
waste, sewage, scrap material, sediment discharges, oil and its by-
products, leached compounds, toxic fumes, or garbage, on any portion of
the Protected Property is prohibited, except the on-site disposal of organic
debris from the Protected Property.
b. No waste water or sewage, chemical wastes or other hazardous waste
materials may be dumped or stored on the Protected Property except as
provided for herein.
c. Grantor shall ensure the removal of any trash or debris (except for organic
debris) from the Protected Property caused by its own activities or the
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activities of its lessees, contractors or guests.
d. Grantee shall ensure the removal of any trash or debris from the Protected
Property caused by its own activities or Public Recreational Use of the
Protected Property.
3.7 Mining; Sand and Gravel Use. Mining or extraction of soil, sand, rock, fuel or
any other mineral substance on the Protected Property is prohibited.
3.8 Chemical Treatments. The use of herbicides, pesticides, fungicides,
rodenticides, fertilizer and pH control or other chemicals on the Protected
Property is prohibited, except as permitted below:
a. To control a pest or disease outbreak that threatens forest health on the
Protected Property, the forests or forest economy of the region, or which
threatens Grantor's long-term investment of the Protected Property;
b. To control insect pests for human health and safety purposes;
c. To control non-native plant or animal species.
3.9 Exterior Lighting.
a. No permanent exterior artificial illumination shall be employed, other than that
employed as of the date hereof and identified in the Baseline Documentation.
b. Notwithstanding this restriction, Grantor may use permanent exterior artificial
illumination if necessary for the enjoyment of the Reserved Rights by Grantor
and upon prior approval of Grantee.
3.10 Dams and Water Impoundments. The construction of new dams or
impoundments, or manipulation and alteration of Watercourses, Water bodies or
Wetlands, but not including necessary structures for storm water management as
part of an allowable construction} activity, on the Protected Property is prohibited.
t
3.11 Non-native Species. Grantor shall not plant or intentionally introduce, release or
broadcast any non-native, hybrid, or genetically modified species on the Protected
Property, unless such action provides a forest ecosystem benefit, significantly
improves forest productivity, prevents soil erosion, or enhances native wildlife
populations or habitats and has prior written consent of Grantee.
4. GRANTEE'S AFFIRMATIVE RIGHTS: Grantor grants to Grantee the following
affirmative rights which shall run in perpetuity with the Protected Property.
4.1 Right to Enter. The Grantee, its agents, employees or other representatives
shall have access to, on, over and across the Protected Property at all times
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to monitor and assure compliance with terms and conditions of this
Conservation Easement, and to exercise and administer Grantee's
Affirmative Rights set forth in this Conservation Easement.
4.2 Right to Provide for Public Access and Public Recreational Use. The Grantee is
hereby granted the following rights to provide for public access to and Public
Recreational Use of the Protected Property in perpetuity, together with the right to
construct and maintain Recreational Amenities and other improvements subject to
the following provisions:
a. Public access to the Protected Property shall be pursuant to a Recreation
Management Plan as provided for in Section 4.4 of this Conservation
Easement.
b. Public Recreational Use of the Protected Property shall be limited to Non-
Motorized uses and may include, but not be limited to, activities such as
hiking, cross-country skiing, snowshoeing, birdwatching, nature study and
quiet enjoyment.
c. Motorized Recreational Uses are prohibited; however, Grantee may allow
persons with mobility disabilities to use Mechanized Aid on trails and across
areas of the Protected Property that Grantee may designate as open to the
public for Non-Motorized Public Access and Non-Motorized Public
Recreational Uses. Additionally, Grantee may issue permits to people with
mobility impairment for Motor Vehicle or All-Terrain Vehicle Use on trails in
areas open to the public for Non-Motorized Public Access and Non-Motorized
Public Recreational Uses, or Grantee may designate certain routes solely for
use by persons with mobility impairments.
d. Motorized Public Access to the Protected Property shall be by Motor Vehicle
only, from a Public Highway over designated Public Access Corridors to set
forth in the Recreation Management Plan.
4.3 Right for Public Recreational Amenities and Improvements. The Grantee is
hereby granted the following rights to construct, install and improve amenities for
use by the public associated with the acquired recreation rights, subject to the
following provisions:
a. Grantee may construct, use, repair, maintain or improve Recreational Amenities
that are appurtenant or accessory to the Public Recreational Uses permitted on
the Protected Property pursuant to this Conservation Easement, including but
not limited to roads, culverts, trails, kiosks, signs, barriers, fences and gates
necessary to facilitate management of the Public Recreational Uses of the
Protected Property;
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b. The Grantee may construct one (1) Parking Area for public access to the
Protected Property containing a maximum of up to six (6) parking spaces. The
Parking Area will be constructed wholly within the boundaries of the Protected
Property and will be sufficiently enclosed to prevent motor vehicles from
passing beyond the Parking Area onto Grantor's larger parcel or the Protected
Property. The Parking Area may only be used by members of the public for
access to the Protected Property and for no other purpose.
c. Grantee shall install and maintain appropriate signage in order to advise the
public of the permitted Public Recreational Uses of the Protected Property.
Such signage shall also include notification to the public of situations where
public use of roads or trails will be shared with Motor Vehicles or other
equipment being used in accordance with other provisions of this
Conservation Easement.
4A Preparation of Recreation Management Plan.
a. Grantee may develop a Recreation Management Plan to facilitate and manage
Public Recreational Uses of the Protected Property. The Recreation
Management Plan shall comply with the terms and conditions of this
Conservation Easement and shall be updated, amended or revised in writing
from time to time as needed to reflect Grantee's implementation of the Public
Recreational Uses granted hereunder. Grantor hereby acknowledges that the
Recreation Management Plan is to be used as a tool for Grantee to implement
the Affirmative Rights granted in this Conservation Easement.
b. Grantee shall consult with Grantor when developing the Recreation
Management Plan and Grantor shall be provided the opportunity to provide
recommendations to the Grantee on Public Recreational Use of the Protected
Property during the recreational planning process.
c. Before the Recreation Management Plan is released for public comment,
Grantor shall have thirty (30) days from the receipt of the Recreation
Management Plan to review and make comments on said plan to the Grantee.
d. Until the Recreation Management Plan is prepared in accordance with this
Section, Grantee shall manage Public Recreational Uses on the Protected
Property in accordance with an Interim Recreation Management Plan. Grantor
and Grantee shall agree to and set forth such interim Recreation Management
Plan upon the date of the grant of this Conservation} Easement, and on such
date the Interim Recreation Management Plan will be in effect and Grantee
may implement initial management of Public Recreational Uses accordingly.
e. The Grantee, at its sole discretion, may prepare the Recreation Management
Plan for the Protected Property in combination with recreational plans, unit
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management plans or other planning activities associated with nearby
conservation easement properties, forest preserve, state forest or other state
land.
4.5 Grantee's Duties and Responsibilities for Amenities Open to Public Use.
a. _Maintenance Costs Associated with shared improvements. The Parties
acknowledge that existing and future improvements on the Protected
Property are vital for both Grantee's Affirmative Rights to provide for Public
Recreational Uses on the Protected Property as granted herein, and for
Grantor to fully enjoy its Reserved Rights; and furthermore, that these
amenities will be used by both Grantor and by the Public and that such use by
both the Grantor and the Public will contribute to the need for routine
maintenance of such shared improvements. The Parties acknowledge the
difficulty in allocating between the Parties the exact costs and responsibilities
for routine maintenance of these shared improvements; however, the Parties
are committed to establishing a method for equitably sharing the cost and
responsibility for maintaining these shared improvements. The Parties agree
that the following concepts shall guide the development of a method of
equitably sharing the cost and responsibility for construction and routine
maintenance of such shared improvements:
1. Grantee is solely responsible for the costs of ensuring that shared
improvements are adequate for Public Recreational Use.
2. The Parties shall share in the cost of any new or replacement shared
improvement, if both Grantor and Grantee agree that they both need
such a shared improvement to enjoy their respective rights under this
Conservation Easement. The Parties' respective share of such costs
shall not exceed those reasonably necessary to construct an
improvement that is adequate for each Parties' respective use.
3. Neither Party shall be required to expend funds in order to achieve the
other Party's standards or guidelines for the construction or
maintenance of any shared improvements. However, if an amenity
maintained by the Grantee for Public Recreational Use is damaged
due to the actions of the Grantor in the exercise of its rights herein, the
Grantor shall contribute towards the repair of the amenity to a condition
suitable for Public Recreational Use.
4. The Parties shall determine a method for allocating the costs of
construction and maintenance of shared improvements based upon
(1) the estimated number of times each party, its agents or invitees
uses the shared improvement annually, (2) the requirements of each
party to make the shared improvement safe for it, its agents and
invitees, and (3) in the case of maintenance, relative impact or wear
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caused by the types of use attributable to each party.
b. Repair and Correct Dam_aqe. Subject to funding, appropriation, and
applicable State statute and regulations, Grantee shall repair and correct at
Grantee's expense, damage to all amenities and related improvements used
for Public Recreational Uses, whether identified as "existing" in the Baseline
Documentation, as permitted herein, or established pursuant to an approved
Recreation Management Plan, and over which Grantee has the right to permit
Public Recreational Use and which damage is caused either by Public
Recreational Use of the Protected Property or directly by Grantee, its
representatives, employees, or contractors.
c. Public Use suspended due to weather. The Parties may consult, as needed,
on the effects of wet or dry weather or similar conditions, on the ability of the
Recreational Amenities to support public use, during periods of adverse
conditions. After such consultation, Grantee may determine whether portions
of roads and trails need to be repaired, improved, relocated, or if public use
thereon should be temporarily suspended.
4.6 Right to Manage Fish and Wildlife Resources.
a. With the prior written approval of Grantor, Grantee may install, maintain,
repair, replace and remove Structures or devices, or otherwise manipulate
animals and plants or habitat intended to study, restore or enhance
populations of or habitat for plants, fish and other wildlife, which populations
or habitats may be located either on or off the Protected Property.
b. With prior written notice to Grantor, Grantee may undertake, contract for, or
otherwise provide for biological surveys and scientific studies to be conducted
on the Protected Property provided that the results of any such study shall be
provided to Grantor.
4.7 Right to Conduct Biological Surveys, Scientific Studies and Forest Health
Monitoring.
a. Grantor hereby grants to Grantee the right to undertake, contract for, or
otherwise provide for Biological Assessments, scientific studies and
establishment of long-term monitoring plots for periodic assessment of forest
health on the Protected Property, however, Grantee shall use reasonable
efforts to prevent damage to the Protected Property, to the real or personal
property of the Grantor. The results of any such survey, study or assessment
shall be provided to the Grantor. Such surveys, studies and assessments
shall not unreasonably interfere with Grantor's Reserved Rights,
4.8 Emer-gency Actions.
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a. Grantee may take emergency action necessary to respond to natural disaster,
environmental hazard, public nuisance or threats to human safety in order to
preserve the Protected Property and protect the public from such disaster,
hazard, or threat, provided however, that Grantee shall have no duty to
protect or preserve any property of Grantor beyond that duty owed to any
member of the general public in the exercise of its governmental obligation to
protect the public from injury or damage caused by such disaster, hazard,
nuisance or threat.
b. To the extent practicable, Grantee shall notify Grantor of its entry under this
Section and shall consult with Grantor regarding such emergency action.
Nothing contained in this Section shall relieve Grantor from any liability for or
duty under this Conservation Easement or under applicable law to repair,
remediate, dispose or otherwise remedy any condition which it may have
caused and which is the proximate cause of Grantee's entry pursuant to this
Section.
4.9 Markinq Boundaries: Keys Combinations.
a. Grantee may, at Grantee's expense, and after notification to Grantor, identify,
mark and maintain boundaries with signs in form and content reasonably
satisfactory to Grantor describing the public rights associated with the
Protected Property, but is under no obligation to do so.
b. Grantee shall make available to Grantor keys or combinations necessary to
open gates and barriers installed by Grantee, if any.
4.10 Grantee's Administrative Motorized Use. Grantee may use Motor Vehicles,
Motorized Recreational Vehicles and Motorized Equipment throughout the
Protected Property as follows:
a. To monitor and enforce compliance with the provisions of this Conservation
Easement anywhere on the Protected Property;
b. To facilitate the exercise of the Grantee's Affirmative Rights under the terms
of this Conservation Easement;
c. To construct, maintain, repair, improve, groom, and patrol Non-Motorized
Public Access Corridors or other Recreational Amenities and to otherwise
facilitate access and use of those areas of the Protected Property designated
for Public Recreational Use, provided, however, that Grantee shall provide
prior written notice to Grantor not less than three (3) days before commencing
maintenance and construction activities, unless such activities are Emergency
Actions pursuant to Section 4.8.
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d. Grantee's use of Motor Vehicles, Motorized Recreational Vehicles and
Motorized Equipment on and off road shall be in a manner that causes the
least impact to the Protected Property and shall be responsible for and shall
promptly repair any damage caused to the Protected Property by Grantee
in carrying out its Affirmative Rights under this Conservation Easement.
5. GRANTOR'S RESERVED RIGHTS. Notwithstanding anything to the contrary
in this Conservation Easement, Grantor specifically reserves all rights as fee
owner of the Protected Property not otherwise conveyed or limited by this
Conservation Easement including the following rights with respect to the
Protected Property (hereinafter, Grantor's Reserved Rights")-
5.1 Recreation Rights. The Grantor reserves the right to undertake
recreational activities, subject to the following conditions:
a. The Grantor may enjoy all recreation rights that the Grantee may permit
the public to enjoy on the Protected Property pursuant to this
Conservation Easement, but under the same terms as the public for
those areas of the Protected Property where Grantee permits the public
to enjoy such recreation rights, or other recreation rights that are
consistent with the purposes of this Conservation Easement and in
accordance with the Interim Recreation Management Plan;
b. Any recreational use of the Protected Property shall not interfere with the
Grantee's rights to provide for Public Recreational Use pursuant to this
Conservation Easement and in accordance with the Recreation
Management Plan;
c. Any recreational use shall not diminish or damage the Recreational Amenities
established by the Grantee on the Protected Property pursuant to the terms of
this Conservation Easement;
d. Any recreational use shall be consistent with the purposes of this
Conservation Easement and not have a significant negative impact on the
scenic and Natural Resource Values of the Protected Property;
e. Grantor reserves the right to develop, construct, maintain, install, replace,
repair, relocate and remove roads, road improvements, trails, culverts and
parking area(s), as reasonably necessary for Grantor to undertake outdoor
recreation activities on the Protected Property.
5.2 Utilities.
a. Grantor may install, construct, maintain, lease, replace, remove and relocate
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any new or existing utilities including but not limited to electric, gas, water,
sewer, or other utility lines, service, or associated Structures and subject to
the provisions of Section 3.5 of this Conservation Easement.
b. Grantor may install new utilities to provide water, lighting and other utilities
necessary for the safety, security, monitoring and the use of permitted
structures set forth in Section 5.3.
5.3 Road and Trail Improvements for Recreational Use.
a. Shared Improvements.
1. Grantor and Grantee acknowledge that existing and future improvements
on the Protected Property such as roads, trails, and culverts are vital for
both Grantee's abilities to provide public recreation and for Grantor to
fully enjoy its Reserved Rights; and furthermore, that many roads and
trails on the Protected Property will be used by both Grantor and by the
Public and that such use by both Parties will contribute to the need for
routine maintenance of such shared improvements.
2. The Parties acknowledge the difficulty in allocating between the Parties
the exact costs and responsibilities for routine maintenance of shared
improvements such as roads, trails, and culverts; however, the Parties
are committed to establishing a method for equitably sharing the cost
and responsibility for maintaining these shared improvements.
3. As such, the Parties shall identify the shared roads, trails, culverts and
other such improvements in the Recreation Management Plan; establish
appropriate standards and guidelines for their maintenance; and develop a
method of equitably sharing the cost and responsibility for routine
maintenance of such improvements ("shared improvements"). Any method
of cost-sharing shall be subject to the following:
i. Neither Party shall be required to expend funds in order to achieve
the other Party's standards or guidelines for the construction or
maintenance of any share improvements.
ii. The Grantee is solely responsible for the costs of ensuring that
shared improvements are adequate for public recreational use.
b. Exclusive Use Improvements: Maintain, Repair, and Correct.
1. Grantor shall maintain, repair, and correct at its sole cost and expense,
any roads, trails, culverts, parking lots, or other related improvements on
the Protected Property that the Parties have agreed are not open and
available for public access or Public Recreational Use pursuant to this
Easement, and are for the exclusive use of Grantor, whether such
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improvements are identified as "existing" in the Baseline Documentation or
established in the future for the purposes of Grantor's Reserved Rights.
c. New Improvements.
1. Grantor may construct, improve, upgrade, widen and abandon roads trails,
culverts, parking lots, driveways, and other related improvements, if such
improvements are necessary and desirable for Grantor's Reserved Rights.
2. Grantor may construct tool and equipment storage structures(s) as are
reasonably necessary to maintain the Protected Property with the prior
written approval of Grantee provided the combined Building Footprint of
shed(s) and structure(s) does not exceed 150 square feet.
d. Minimize Impacts; Comply with Best Management Practices.
1. In carrying out activities contemplated in this subsection, Grantor shall
comply with the most recent New York State Forestry Best Management
Practices for Water Quality or its equivalent.
5.4 Agroforestry Uses. Grantor may use the Protected Property,for low-impact
forest uses such'as, but not limited to, beekeeping, free-range foraging for goats
or foul, and gathering of wild-growing edible plants for Grantor's sole use.
However, Grantor may not convert forest land to agricultural land. The uses
outlined in this Section shall not interfere with Grantee's recreational rights and
shall comply with all other provisions of this Conservation Easement.
5.5 Future Sales; Transfers & Conveyances. Grantor reserves the right to sell,
transfer, or otherwise convey the entire Protected Property, or any in-common
and undivided interest in the Protected Property, subject to the terms and
limitations of this Conservation Easement.
a. Grantor agrees to give written notice to Grantee of the transfer of any interest
in the Protected Property at least twenty (20) days prior to the date of such .
transfer, except for the grant of a mortgage on all or a portion of the Protected
Property or the transfer or sale of stock in the Grantor or any other corporation
which may hereafter own all or part of the Protected Property or transfer or
sale of membership interests in any limited liability company which may
hereafter own all or part of the Protected Property, or any timber rights
through leases, timber cutting agreements, other timber-related agreements,
delivered wood or stumpage contracts. '
b. Any grant of mortgage or any other interest in the Protected Property
after the date of the grant of this Conservation Easement is expressly
subject to the terms of this Conservation Easement.
Page 13 of 34
c. Any grant of less than a fee interest in the Protected Property shall comply
with the terms and conditions of this Conservation Easement.
d. Grantor covenants and agrees that any instrument evidencing any
subsequent conveyance, lease, mortgage, security interest, encumbrance, or
any other transfer of the Protected Property shall contain the following
statement: "This (grant, lease, mortgage, easement, etc.) is subject to a
certain Conservation Easement entered into between Peconic Land Trust
and The People of The State of New York dated and recorded in the office of
the Suffolk County Clerk on , in Book of Deeds and Page "
e. Grantor shall provide Grantee with copies of any recorded documents upon
completion of a transfer under this Section and notice to Grantee of the name
and address of transferee.
f. Failure of Grantor to comply with the provisions of this Section 5.6 shall not
affect the validity of the provisions of this Conservation Easement and
Grantee's Affirmative Rights hereunder.
5.6 Emergency Actions. The Grantor may take emergency action, including closure
of the affected area of the Protected Property to the public, in response to natural
disaster, environmental hazards, or threats to human safety but shall promptly
notify the Grantee of any such actions taken.
5.7 Gates, Barriers, Fences: Keys, Combinations, Marking Boundaries.
a. The Grantor may erect signs, gates, fences or other barriers necessary to
carry out its rights and obligations hereunder.
b. The Grantor may install and maintain gates or other barriers to prohibit
access to any road, trail, parking area, or related areas over which the
Grantee has not been granted a right to permit the public use thereof
pursuant to this Conservation Easement.
c. The Parties shall provide one another with keys or combinations necessary to
open gates and to allow access through such barriers consistent with the
terms of this Conservation Easement.
d. The Parties acknowledge that the Grantor may, but is under no obligation
whatsoever, to identify, maintain, and mark the boundaries of the Protected
Property. The Parties also agree that the Grantee may, but is under no
obligation whatsoever, to mark the boundaries of the Protected Property and
will provide notification to the Grantor prior to marking them.
5.8 Natural Resources Benefit. Grantor, with prior written approval of Grantee, may
Page 14 of 33
enter into agreements, whereby Grantor agrees to manage natural resources
on, or associated with, the Protected Property in a specific manner that is
consistent with this Conservation Easement. This shall include the right to sell,
trade, or exchange quantifiable natural resource benefits associated with the
Protected Property, provided that such activities: (1) do not conflict with the
terms, conditions, and Purposes of this Conservation Easement; (2) do not
materially reduce the area of productive forest on the Protected Property; and
(3) do not result in Grantor benefitting from any such activity if Grantee requires
Grantor to conduct the activity as a correction to a violation of this Conservation
Easement. Examples of such agreements, sales, trades, or exchanges that may
be permitted according to this Section 5.8 are, where Grantor receives
compensation, including transferable credits, for participating in a greenhouse
gas emission offset program; provides clean air, water, or wildlife habitat for the
greater public good; or restores, enhances or manages a Wetland or Water
body as part of a government program, except for restoration projects required
to correct a violation of this Conservation Easement. The Parties acknowledge
that because the conservation interests protected by this Conservation
Easement shall not be adversely affected by such agreements or activities, and
the only interest affected shall be Grantor's interest, any compensation received
by Grantor for such agreements, exchanges, or trades shall belong to Grantor.
The Parties acknowledge and agree that this Grantor's Reserved Right does not
include the right to exchange, trade, extract, license, lease, transfer, or sell
topsoil, minerals, or water located on the Protected Property, except as
specifically allowed under Grantor's Reserved Rights.
5.9 Grantor's Administrative Motorized Use. Grantor may use Motor Vehicles,
Motorized Recreational Vehicles and Motorized Equipment throughout the
Protected Property as follows:
a. To monitor and enforce compliance with the provisions of this Conservation
Easement anywhere on the Protected Property;
b. To facilitate the exercise of the Grantor's Reserved Rights under the terms
of this Conservation Easement,
c. To construct, maintain, repair, improve, groom, and patrol Nan-Motorized
Public Access Corridors or other Recreational Amenities and to otherwise
facilitate access and use of those areas of the Protected Property designated
for Public Recreational Use, provided, however, that Grantee shall provide
prior written notice to Grantor not less than three (3) days before commencing
maintenance and construction activities, unless such activities are Emergency
Actions pursuant to Section 4.8.
d. Grantee's use of Motor Vehicles, Motorized Recreational Vehicles and
Motorized Equipment on and off road shall be in a manner that causes the
Page 16 of 33
least impact to the Protected Property and shall be responsible for and shall
promptly repair any damage cause to the Protected Property by Grantee in
carrying out its Affirmative Rights under this Conservation Easement.
6. ENFORCEMENT: The Grantee shall have the right to enforce terms of this
Conservation Easement as follows:
6.1 Inspections. In accordance with Grantee's Right to Enter the Protected Property,
as provided in Section 4.1 herein, the Grantee shall have the right to schedule
periodic inspections of the Protected Property to determine compliance with the
terms of this Conservation Easement. The Grantor shall have the right to
accompany the Grantee on said inspections.
6.2 Notice to Cure.
a. Either party (the "Aggrieved Party") shall notify the other party (the "Noticed
Party") of a breach of any of the terms or conditions of this Conservation
Easement including the portion of the Protected Property affected thereby (the
"Notice to Cure"). The Notice to Cure shall set forth how the Noticed Party can
cure such breach or suspected breach and shall give the Noticed Party thirty
(30) days from the date of receipt of the Notice to Cure, or such longer period
of time as may be necessary to cure, provided that actions to cure are
commenced within such thirty-day period and diligently pursued. Such time
periods may be extended in the event of severe weather or if other conditions
are experienced that cause a reasonable delay in the Noticed Party's efforts
to cure.
b. At the expiration of such period of time to cure, or any extensions thereof
granted, the Aggrieved Party shall notify the Noticed Party of any failure to
adequately cure the breach or suspected breach. The Noticed Party shall
then have an additional fifteen (15)days from receipt of such notice to cure.
At the expiration of said fifteen-day period, the Aggrieved Party may
commence any legal or equitable action or proceedings in accordance with
any applicable law to require compliance with the terms of this Conservation
Easement.
6.3 Dispute Resolution.
a. In the event the Parties cannot resolve a dispute arising under this
Conservation Easement through the Notice to Cure process outlined above,
then either party may by written notice (the "Mediation Notice") require that
the parties attempt to resolve the dispute through mediation using a
mediator agreed upon by the Parties. If the Parties cannot agree upon a
mediator within thirty (30) days of delivery of the Mediation Notice, a
Page 16 of 33
mediator will be appointed by the American Arbitration Association in
Albany, New York pursuant to their procedures. The mediation shall be held
within ninety (90) days of delivery of the Mediation Notice whose
recommendations are advisory to the Parties.
b. Any disputes remaining unresolved after mediation may be pursued through
initiation of any appropriate action or proceeding in a court of competent
jurisdiction.
6.4 Right to Restore.
a. Subject to the provisions of this Section 6 hereof, the Grantee may be
required to restore the Protected Property to its Natural State, in the event of
a breach of the terms of this Conservation Easement, and to enforce this right
by any action or proceeding necessary.
b. In the event that the Grantor fails to cure in accordance with the provisions of
Sections 6.2 and 6.3, the Grantee, at its sole discretion, and after fifteen (15)
days advance notice to the Grantor, may enter the Protected Property for the
purpose of restoring same to its Natural State. Such notice shall not be
required in the event of an emergency provided that the Grantee provides
notice to the Grantor within twenty-four (24) hours of the Grantee's entry onto
the Protected Property in order to take emergency action to mitigate the
consequences of a breach.
c. Grantee may resort to the following in order to restore the Protected Property
to its Natural State:
1. Remove items and materials not permitted by this Conservation
Easement;
2. Close, fill, grade and plant with appropriate vegetative cover areas
affected by a breach;
3. Correct, through reasonably practicable measures, conditions that
harm any Natural Resource Value on the Protected Property, such as
native flora and fauna and the Ecological Processes that support them;
Biological Diversity; diverse forest types and conditions; Soil
Productivity; water quality; and Wetland, Riparian, and aquatic habitats
and systems;
4. Take any other appropriate action reasonably necessary to remedy
any breach of this Conservation Easement.
6.5 Force Maieure/Acts of Third Parties. The Grantor shall not be liable for any
Page 17 of 33
changes to the Protected Property caused by:
a. Any natural disaster or act of God, or governmental action not related to
enforcement;
b. Acts of the Grantee, its employees and contractors;
c. Acts of the public while on the Protected Property.
6.6 Failure to Act. The failure of either party to enforce any of the terms of this
Conservation Easement shall not be deemed a waiver of any such term nor shall
any such failure in any way bar any enforcement rights hereunder in the event of
any subsequent breach of, or noncompliance with, or fault in observance of, any
of the terms of this Conservation Easement.
7. OTHER TERMS AND CONDITIONS:
7.1 Construction of Terms and Interpretation.
a. This instrument conveys a Conservation Easement which shall consist of the
covenants, restrictions, rights, terms, and conditions recited herein.
Reference to this "Conservation Easement" or its "provisions" shall include
any and all of those covenants, restrictions, rights, terms and conditions.
b. Notwithstanding any term or condition of this Conservation Easement, this
Conservation Easement shall be construed to affect the Purposes for which
the Conservation Easement was acquired and the Purposes of Article 49 of
the ECL. In interpreting the terms of the Conservation Easement, there shall
be no presumption favoring the Grantee or the Grantor.
c. If any provision of this Conservation Easement is found to be ambiguous, an
interpretation consistent with the Purposes of this Conservation Easement
that would render the provision valid shall be favored over any interpretation
that would render it invalid.
d. The captions herein have been inserted solely for convenience of reference
and are not part of this Conservation Easement and shall have no effect upon
construction or interpretation.
e. Any reference in this Conservation Easement to a statute, regulation or
ordinance shall include any amendment or successor thereto adopted after
the date of this Conservation Easement. Any reference in this Conservation
Easement to a published document, treatise, or guide shall include any
successor or replacement thereto published after the date of this
Conservation Easement.
Page 18 of 33
7.2 Effect. This Conservation Easement shall run with the Protected Property as an
incorporeal interest in the Protected Property and shall extend to and be binding
upon the Grantor, Grantor's,agent, tenants, occupants, lessees, heirs, personal
representatives, successors, assigns, and all other individuals and entities; the
word "Grantor" when used herein shall include all of those persons or entities.
Any rights, obligations, and interests herein granted to Grantee shall also be
deemed granted to its subsequent agents, successors, and assigns, the word
Grantee"when used herein shall include all of those persons or entities. This
Conservation Easement shall be a burden upon and run with the Protected
Property in perpetuity.
7.3 Baseline Documentation.
a. The Grantor and the Grantee shall agree that a physical inspection of the
Protected Property will be made and a report of the physical inspection of the
Protected Property, known as the Baseline Documentation, (the "Baseline
Documentation) will be prepared by the Grantee at no expense to the
Grantor.
b. The Baseline Documentation shall be completed and certified by the Parties
as an accurate reflection of the condition of the Protected Property prior to the
property transaction closing and deed is recorded in the County Clerk's office.
c. The Parties shall agree and acknowledge that the Baseline Documentation,
and any subsequent updates, revisions and amendments, if any, shall consist
of, at a minimum, descriptions, maps, photographs, surveys, and other related
documentation which shows or depicts significant aspects of the Protected
Property as of the date it is signed and acknowledged by the Parties. The
Baseline Documentation is intended to serve as an objective, although not
exclusive, informational baseline for monitoring compliance with the terms of
this Conservation Easement. The Parties agree that, in the event a
controversy arises with respect to the nature and extent of uses or the
condition of the Protected Property, the Parties shall not be foreclosed from
utilizing all other relevant or material documents, surveys, reports, and other
evidence to assist in the resolution of the controversy.
d. Grantor and Grantee will make available to each other existing documentation
in their possession relating to the condition of the Protected Property. Either
Party may cause to be prepared such additional documentation deemed
appropriate by them, including a survey of the Protected Property, showing its
relationship to adjacent features and properties and on-site photographs.
e. Copies of the Baseline Documentation, signed and acknowledged by both
Parties to the Conservation Easement, shall be provided to the Grantor and
the Grantee. One counterpart shall be maintained in the Grantee's Central
Page 19 of 33
1
Office in Albany.
7.4 Notice. Review and Approval Process.
a. Whenever notice or an approval is required from either Party, the Party that
must provide notice or that is seeking the approval shall deliver a written or
electronic notice or request for such approval in accordance with the
notification directions herein.
b. Requests shall be either approved, approved with conditions, or denied.
Approvals shall be made in electronic or written form and shall be based upon
whether the proposed action complies with the terms and/or Purposes of this
Conservation Easement. If denied, the reasons for denial and criteria applied,
with specific reference to the terms of this Conservation Easement, shall be
specifically set forth in the written response to the request.
c. The Parties shall not unreasonably delay or deny a request for approval.
7.5 Notices, Notification.
a. Any notice required to be sent to the Grantor herein shall be addressed to:
Director of Stewardship
Peconic Land Trust
296 Hampton Road, Southampton, NY 11968
Or such other designees of Grantor upon written notice to Grantee.
b. Any notice required to be sent to the Grantee herein shall be addressed to:
New York State Department of Environmental Conservation
Regional Forester, Region 1
50 Circle Road
Stony Brook, NY 11790
c. All notices and requests for approval required or permitted to be given under
this Conservation Easement shall be made by electronic mail and delivered
by hand or sent by registered or certified mail, return receipt requested, or by
overnight mail, to the address of the other Party as provided herein. Notice
shall be deemed to have been given on the earlier of: (1) receipt of electronic
mail, (2) when delivered by hand, or (3) if mailed, three (3) business days
after mailing. The Party receiving a request for approval shall respond to the
request within sixty (60) days of its receipt, unless otherwise specified herein.
d. Either Party may change the individual or address to which notices are to be
Page 20 of 33
sent by giving written notice thereof to the other Party in accordance with
paragraph (c) above.
e. Upon mutual written agreement, the Parties may provide for other means of
receiving and communicating notices and responses to requests for approval.
7.6 Regulatory Authorities. Compliance with Law. This Conservation Easement shall
not remove the necessity of the Grantor or Grantee to obtain any permit and/or
approval from any governmental agency having jurisdiction over any activity
conducted or to be conducted on the Protected Property.
7.7 Assignment of Grantee's Interest. Grantee may assign this Conservation
Easement only to another governmental agency, which governmental assignee
has among its purposes the conservation and preservation of land and water
areas and agrees to and is capable of enforcing the terms of this Conservation
Easement and which as a condition of transfer, agrees to uphold the
Conservation Purposes of this grant.
7.8 Reconve ance If Void. In the event a court of competent jurisdiction determines
that this Easement is "void ab initio" in accordance with the provisions of Section
49-0311 of the ECL, Grantor shall, upon request by Grantee, reconvey without
change or modification and for no consideration, this Easement to a qualified
nominee selected by Grantee; said reconveyance to be made after such
declaration that the Easement is "void ab initio" regardless of the fact that
Grantee may pursue its right of appeal, or otherwise. In furtherance of this
provision:
a. Grantee shall have the right of enforcement of the reconveyance by Grantor
to the nominee by any legal means;
b. The form of reconveyance shall be satisfactory to Grantee and approved by
the Attorney General of the State of New York-,
c. Grantee shall pay any costs and expenses, including but not limited to taxes,
filing fees and reasonable attorney's fees that Grantor may incur as a result of
the reconveyance of the Easement pursuant to the terms of this section.
7.9 Severability. The Parties agree that the provisions of this Conservation Easement
are severable and that if any court of competent jurisdiction shall render a
judgment voiding or nullifying any provision(s) hereof, the effect of said judgment
shall be limited to the nullified or voided portion of this Conservation Easement
and the remaining provisions hereof shall continue in full force and effect.
7.10 Modification(s) (Amendments). The Grantor and Grantee may modify this
Conservation Easement by mutual agreement in writing, executed by both
Parties, in accordance with the provisions of Section 49-0307of the ECL and
Page 21 of 33
recorded in the appropriate County Clerk's Office, provided, however, that no
modification shall be made that will adversely affect the status of this
Conservation Easement under applicable laws. Any modification shall be
consistent with the Purposes of this Conservation Easement and shall not affect
its perpetual duration. The part requesting a modification shall be responsible for
all related costs, including, but not limited to appraisals, surveys, abstracts, and
recording fees.
7.11 Grantor's Negligence.
a. The Grantor agrees to indemnify and hold the Grantee harmless against all
claims, loss, damage and expense the Grantee may suffer as a result of the
Grantor's negligence in the course of exercising any rights reserved under
this Conservation Easement or as the fee owner.
b. The Grantor's duty to indemnify and save harmless prescribed by this
subsection shall be conditioned upon the delivery to the Grantor by the
Grantee of the original or a copy of any summons, complaint, process, notice,
demand or pleading within fifteen (15) business days after the Grantee is
served with such document.
7.12 Grantee's Negligence.
a. Subject to the availability of lawful appropriations and consistent with
Section 8 of the State Court of Claims Act, Grantee shall hold Grantor
harmless from and indemnify it for any final judgment of a court of
competent jurisdiction to the extent attributable to the negligence of Grantee
or of its officers or employees when acting within the course and scope of
their employment.
7.13 Third Party Liability; Statutory Protections from Liability.
a. Nothing contained in this Conservation Easement shall create any liability on
behalf of the Grantor to any third party or create any right, claim or cause of
action on behalf of any party other than the Grantor or the Grantee and their
successors and assigns.
b. Nothing in this Conservation Easement shall be interpreted as an assumption
of responsibility by, or basis for liability on the part of, the Grantor for any
injury to person or damage to property or loss of life that may be sustained by
any person while on the Protected Property in the exercise of any of the rights
afforded to the public by this Conservation Easement or sustained by any
person as a result of any entry on or use of the Protected Property. This
provision is not intended to release the Grantor from any liability for damages
to the person or property of its invitees, employees or agents while on the
Page 22 of 33
Protected Property under the authority or by the permission of the Grantor.
c. The Grantor specifically retains all protections from liability provided under
New York law to private owners of land, including, but not limited to, the
protections contained in Section 9-103 of the General Obligations Law (or any
successor or other statutory or regulatory provision then applicable).
7.14 Additional Covenants. The Grantor does further covenant to the Grantee as
follows:
a. That the Grantor is seized of the Protected Property in fee simple and has
good right to convey this Conservation Easement and the rights hereunder.
b. That the Grantee shall quietly enjoy said rights granted to the Grantee under
this Conservation Easement, provided, however, that Grantee's enjoyment of
such rights shall not interfere with the Grantor's quiet enjoyment of, and
exercise of, its Reserved Rights.
c. That the Protected Property is free from encumbrances, except as provided
on Schedule B attached hereto and made a part hereof.
d. That the Grantor will execute or procure any further necessary assurances of
the Grantor's title to the Protected Property.
e. That, as of the date of this grant, the Grantor has not done or suffered
anything whereby the Protected Property has been encumbered in any way
whatsoever, except for those encumbrances imposed by the Grantor set forth
on Schedule B.
f. That this conveyance is made subject to the trust fund provisions of Section
13 of the Lien Law.
7.15 Recitation. In consideration of the previously recited facts, mutual promises,
undertakings and forbearances contained in this Conservation Easement, the
Parties agree upon its terms, conditions, provisions, and Purposes, intending to
be bound by it. This Conservation Easement contains the entire understanding
between its Parties concerning its subject matter. Any prior agreement between
the Parties concerning its subject matter shall be merged into this Conservation
Easement and superseded by it.
IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year
first written above.
Page 23 of 33
GRANTOR: PECONIC LAND TRUST, INCORPORATED,
a New York not-for-profit corporation
By: L�
o n v. H. Halsey
Its: President
Grantor's Acknowledgment
STATE OF NEW YORK )
) ss:
COUNTY OF SUFFOLK )
On the day of in the year 20�y, before me, the
undersigned, to personally appeared o n V. , personally known
to me or proved to me on the basis of satisfactory evidence to & the individual whose
name is subscribed to the within instrument and acknowledges to me that he executed
the same and that by his signature on the instrument, he, or the person upon behalf of
wham he acted, executed the instrument.
Notary Public, St
a of New Yor
KIMBERLY QUARTY
NOTARY PUBLIC.STATE OF NEW YORK
RBpi>aretlpn No.01QU8249287
OuNHMd In Suffolk County .
Com *nJon E*w Octaba 3,ZDZ']
Page 24 of 33
GRANTEE: PEOPLE OF THE STATE OF NEW YORK
Acting By and Through Their Commissioner of
Environmental Conservation
By:
NANCY LUSSAF, U
ctor
Division of M n et and Budget
Grantee's Acknowledgment:
STATE OF NEW YORK )
) ss.:
COUNTYOFALBANY )
On the.25- day of cJUyt-e in the year 20_eL'r-Z , before me, the
undersigned, personally appeared, NANCY LUSSIER, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she executed the
same and that by her signature on the instrument, she, or the person upon behalf of
whom she acted, executed the instrument.
;nelhy A.Casale-Nadeau
_,cAry Pub1iC, State of New York N ary bl' , State of New York
keg f\1o. 01CA0016373
it, Rensselaer County
(1o.,,nussion Expires 11114120a7
Page 25 of 33
LIST OF SCHEDULES AND EXHIBITS
APPENDIX A- DEFINITIONS
SCHEDULE A- DESCRIPTION OF THE PROTECTED PROPERTY
Page 26 of 33
APPENDIX A
DEFINITIONS
All-Terrain Vehicle(s) ("ATV(s)"): Any self-propelled vehicle that is designed and
intended to be operated primarily on off-highway trails, and only incidentally operated on
public highways, provided that such vehicle does not exceed seventy (70) inches in
width or one thousand (1000) pounds dry weight or as otherwise defined in NYS law,
rules or regulations. This definition shall not include a motorcycle or other two-wheeled
vehicle, or a Snowmobile or other such self-propelled vehicle manufactured for off
highway use on snow or ice and which uses an endless belt tread.
Baseline_Document: A compilation of information that documents the current condition
and conservation values of the property at the time a conservation easement is closed,
generally including maps, photographs and a description of significant features. The
report is used to monitor and enforce the easement and is signed by landowner and
holder at the time of closing.
Biological Assessment: An evaluation of the importance of specific areas within the
Protected Property for biodiversity, particularly as it pertains to habitats and connectivity
among habitats for rare species and Significant Natural Communities.
Biological Diversity: The variety and abundance of life forms, processes, functions,
and structures of plants, animals, and other living organisms, including the relative
complexity of species, communities, gene pools, and ecosystems at spatial scales that
range from local to regional to global.
Building Footprint: The area in square feet measured from the exterior walls of a
Structure, including the sum total of all floor areas, and including all attached covered
porches and all other attached components with a roof or cover.
Department: The New York State Department of Environmental Conservation,
Ecological Processes: The interactions and relationships among living organisms and
between living organisms and their abiotic environment.
Grantee: The Party identified as Grantee in the preamble, its officials, employees,
contractors, successors, assigns, authorized agents, personal representatives, tenants,
and occupants, and where specifically set forth herein licensees and lessees of
Grantee.
Grantor: The owner(s) in fee simple of the real property that is subject to this
Conservation Easement. The term "Grantor"shall include Grantor, its successors, heirs
and assigns, and its authorized agents, personal representatives, tenants, occupants,
contractors, and employees, and where specifically set forth herein, licensees and
lessees of Grantor.
Impervious: Resistant to penetration by moisture. Impervious materials include, but are
Page 27 of 33
not limited to, pavement, asphalt, concrete, or other non-porous materials or surfaces
used in the construction of roads, trails, parking lots, and other such ground surface
improvements. Gravel roads shall not be considered to have an impervious surface.
Mgghanized Aid: Non-motorized or motorized wheelchair, or other similar devices,
such as a three-wheeled mobility device, designed solely for us by a mobility impaired
person for locomotion that is suitable for indoor use in a pedestrian area as well as
outdoor use by a person with a disability.
Motor Vehicle: Passenger vehicles limited to passenger cars, motorcycles intended for
highway use, Snowmobiles or trucks, powered by any means. For the purposes of this
Conservation Easement, this definition specifically excludes All-Terrain Vehicles
("ATVs"), mobile homes, offroad motorbikes and motocross cycles.
Motorized Equipment: Tractors, groomers, ATVs, Snowmobiles, motorboats, aircraft
and other means of facilitating motorized access, as well as machines not designed for
transporting people or for moving earth but incorporating a motor, engine, or other non-
living power source to accomplish a task, such as but not limited to, saws, mowers,
pumps, drills, and generators.
Motorized Public Access: Entry upon the Protected Property, or a designated
corridor (road or trail), by Motor Vehicles or Motorized Recreational Vehicles.
motorized Recreational Vehicle: A motor vehicle manufactured primarily for
recreational purposes, such as a snowmobile, and which may or may not be
manufactured for use on public roads and highways.
Natural Resource Value(s): Goods and services provided either directly or indirectly to
humans by the biotic and abiotic environment, including components of the biotic and
abiotic environment such as flora, fauna, soil, minerals, air and water; examples of
which include clean air and water, scenic vistas, flood mitigation and control, pollution
abatement, plant and wildlife habitat and genetic diversity.
Natural -State: The approximate general condition of the Protected Property existing
immediately prior to a breach of any term or condition of this Conservation Easement,
giving due consideration to the impact of the normal effects of the passage of time; the
results of natural forces such as wind, fire, earthquakes, landslides, lightning, floods, ice
storms, or other acts of God; prior Forest Management Activities; and the Public
Recreational Uses of the Protected Property.
Non-Motorized Public Access: Entry upon the Protected Property, or a designated
corridor (road or trail), by means other than Motor Vehicles, Motorized Recreational
Vehicles, Motorized Equipment, or any vehicle or machine with a motor.
Non-Motorized Public Access Corridor: A Public Access Corridor designated for
Non-Motorized Public Access.
Non-Native Species: Species of organisms that are not native to the region of New York
Page 28 of 33
State, including living organisms introduced from outside their natural ranges. This
definition shall also include genetically modified or genetically engineered organisms.
Party/Parties- As defined in the preamble.
Protected Property: The lands subject to this Conservation Easement, more
particularly described in Schedule A.
Public Hinhwav: A roadway maintained by the local town, county or state to provide
passage by the public in motor vehicles.
Public Access Corridor: A trail, road or corridor which provides the public with access
to, over and across the Protected Property pursuant to the Recreation Management
Plan for the Conservation Easement granted herein.
Public Recreational Use(s): Those recreational uses of the Protected Property
pursued by the public, as permitted and managed by Grantee, pursuant to the
Recreation Management Plan for the Protected Property.
Recreational Amenities: Any Structure or other improvement created, constructed,
installed, and maintained for purposes related to the public access and Public
Recreational Use of the Protected Property. Such amenities may include, but are not
limited to, roads, trails, Parking Areas, signs, barriers, fences, gates, lean-tos or similar
Structures intended to provide shelter, and outhouses.
Recreation Management Plant Interim Recreation Management Plan: Written text,
exhibits, maps, charts, diagrams, photographs, and similar materials and content that
describe the location, extent, timing, cost, and other management variables and
considerations related to the implementation of the Recreation Management Plan and
other Affirmative Rights granted in this Conservation Easement for planned public
access and Public Recreational Use of the Protected Property and installation and
maintenance of Recreational Amenities on the Protected Property, as well as any
updates and revisions of such Recreation Management Plan.
Soil Produgtivity: The capacity of a soil for producing, hosting, or supporting a specific
plant, succession of plants, or community of plants, or for providing Natural Resource
Values.
State: The State of New York
Structure(s): For the purposes of this Conservation Easement, the term "Structure"
shall be defined as broadly as possible, and shall include, but not be limited to, any
building, facility, edifice, or man-made development of any kind or nature, whether
permanent or temporary, including, but not limited to, buildings, Camps, cabins, lean-
tos, towers, wind turbines, tanks, antennas, mobile homes, bridges, docks, utilities,
fences, billboards, signs, sanitary facilities, or other man-made facilities or
improvements; however, for the purposes of this Conservation Easement the term
"Structure" shall specifically not include structures used in conjunction with Forest
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Management Activities, permitted road construction and maintenance, including, without
limitation, roads, culverts, and bridges or those structures such as tree stands or
hunting/observation blinds associated with wildlife dependent recreation with an area
less than 64 square feet.
Subdivide: Subdivision: Any division of the Protected Property into two or more
separate and distinctive lots, units or parcels, whether adjoining or not, for the purpose
of sale or conveyance of a portion of the Protected Property to a separate owner.
Trail: A hardened path with maintained clearances of 1.5 feet to 8 feet width and 10
feet to 12 feet height.
Wetland: A surface depression that (1) is inundated or saturated by surface water or
groundwater for significant periods of time; (2) supports a prevalence of vegetation
typically adapted for life in saturated soil conditions; and (3) contains predominantly
hydric soils. Wetlands shall include any "freshwater Wetland" as defined in
section 24-0107 of the ECL; Wetlands under the jurisdiction of the Adirondack Park
Agency, the United States Army Corps of Engineers, or any other government entity.
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SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lying and being at
Bayview, in the Town of Southold, County of Suffolk, and State of New
York, being more particularly bounded and described as follows:
BEGINNING at a concrete monument on the southerly side of North Bayview Road
where the same is intersected by the westerly boundary line of"Map of Seawood Acres-
Section One (filed June 26,1956 as Map Number 2575), said point being distant
126.21 feet westerly as measured along the southerly side of North Bayview Road from
the corner formed by the intersection of the westerly side of Seawood Drive with the
southerly side of North Bayview Road;
RUNNING THENCE from said point or place of beginning along said last
mentioned map boundary line, South 25 degrees 55 minutes 40 seconds
West, 618.54 feet to a concrete monument and the southerly boundary
line of Lot 24 as shown on the above-mentioned map;
THENCE along said last mentioned boundary line, South 64 degrees 04 minutes 20
seconds East, 136.19 feet to the westerly side of Seawood Drive;
THENCE along the westerly side of Seawood Drive, South 16 degrees 03
minutes 40 seconds West, 50.75 feet to land now or formerly of Rebecca
A. Douglass;
THENCE along said last mentioned land, North 64 degrees 04 minutes 20
seconds West, 141.07 feet to a concrete monument;
THENCE continuing along said last mentioned land, along land now or
formerly of Diane Klein and along land now or formerly of Cardinal Family
2014 irrevocable Trust, South 21 degrees 33 minutes 20 seconds West,
299.71 feet to a concrete monument and land now or formerly of Blaise
Napolitano;
THENCE along said last mentioned land, South 39 degrees 34 minutes 50
seconds West, 102.60 feet to a concrete monument and land now or formerly
of Victor Cierach;
THENCE along said last mentioned land, along land now or formerly of
Erkan Aydag and land now or formerly of Karl F. Clasing, South 26
degrees 39 minutes 00 seconds West, 300.00 feet;
THENCE continuing along said last mentioned land of Clasing, South 63
degrees 21 minutes 00 seconds East, 125.00 feet to the westerly side of
Seawood Drive;
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THENCE along the westerly side of Seawood Drive, South 26 degrees 39
minutes 00 seconds West, 50.00 feet to the northerly boundary line of Lot
29 on "Map of Seawood Acres- Section One (filed June 26,1956 as Map
Number 2575);
THENCE along said last mentioned boundary line, North 63 degrees 21 minutes 00
seconds West, 126.50 feet;
THENCE continuing along the westerly boundary line of said last mentioned map, South
26 degrees 39 minutes 00 seconds West, 417.13 feet to the northerly side of Midland
Parkway;
THENCE along the northerly side of Midland Parkway, North 71 degrees 03 minutes 40
seconds West, 28.19 feet to a concrete monument set on the westerly side of Midland
Parkway;
THENCE along the westerly side of Midland Parkway the following two (2) courses and
distances:
1. South 27 degrees 43 minutes 10 seconds West, 312.15 feet;
2. South 24 degrees 46 minutes 40 seconds West, 1.63 feet to the northerly
boundary line of land now or formerly of Robert Pomponio;
THENCE along said last mentioned land and along land now or formerly of Mel Bochner,
North 67 degrees 46 minutes 00 seconds West, 647.37 feet to concrete monument and
land now or formerly of Peconic Land Trust;
THENCE along said last mentioned land the following two (2) courses and distances:
1. North 27 degrees 19 minutes 20 seconds East, 770.40 feet;
2. North 59 degrees 59 minutes 40 seconds West, 50.61 feet to the easterly
boundary line of Map of Leeward Acres at Bayview (fled June 4, 1971 as Map 5599);
THENCE along said last mentioned map the following five (5) courses and
distances:1. North 27 degrees 11 minutes 20 seconds East, 314.25 feet;
2. South 58 degrees 55 minutes 30 seconds East, 157.43 feet to a concrete
monument;
3. North 24 degrees 42 minutes 10 seconds East, 552.17 feet to a concrete
monument;
4. South 63 degrees 57 minutes 50 seconds East, 127.44 feet to a concrete
monument; and
5. North 20 degrees 17 minutes 00 seconds East, 499.74 feet to a concrete
monument set on the southerly side of North Bayview Road;
THENCE along the southerly side of North Bayview Road the following two (2) courses
and distances:
1. South 72 degrees 15 minutes 40 seconds East, 225.88 feet to a concrete
monument;
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2. South 72 degrees 01 minutes 30 seconds East, 273.03 feet to the concrete
monument set at the point or place of BEGINNING.
Containing 29.79 acres
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