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Home My WebLink AboutNYS Federation of Growers MELISSA A. SPIRO U\ND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED· To: Elizabeth A. Neville Town Clerk AUG 9 2004 From: Melanie Doroski Administrative Assistant $cuthold Town Cleric Date: August 6, 2004 Re: NYS FEDERATION OF GROWERS & PROCESSORS to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-74-4-4.9 (4.6 acres) Premises: 31800 County Road 48, Peconic Betty: Enclosed for safekeeping in your office, please find the following documents: · Closing Statement · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Grant of Development Rights Easement dated April 29, 2004, between New York State Federation of Growers and Processors, Inc. and the Town of Southold, recorded in the Suffolk County Clerk's office on 5/24/04, in Liber 000012320 at Page 981 · Fidelity National Title Insurance Company, title policy #26-031-92-70929, in the insured amount of $260,000.00 Thank you. Melanie encs. cc: Assessors wI copy of recorded deed Jack Sherwood wI copy of recorded deed and survey map Town Board wlo encs. CLOSING STATEMENT NEW YORK STATE FEDERATION OF GROWERS AND PROCESSORS ASSOCIATION, INC. to TOWN OF SOUTHOLD Development Rights Easement - 4.6 acres Premises: 31800 County Rd 48, Peconic SCTM #1000.74-4-4.9 Closing took place on Thursday, April 29, 2004 at 12:30 p.m., Southold Town Hall Purchase Price $ 260,000.00* disbursed to Seller as follows: Payable to New York State Federation of Growers and Processors Association, Inc. $ 240,432.00 Check #75953 Payable to Century 21 Agawam Albertson $ 19,320.00 Check #75950 (seller's broker fee) Payable to Fidelity National Title $ 248.00 Check #75951 (seller's title closing fees) *private grant of $38,000,00 (check #894523) received from Thomas Hubbard towards development rights purchase Town's Expenses of Closing: Apl3raisal Payable to Andrew Stype Realty, Inc. $ 1,000.00 Check #72797 (8/12/03) Survey Payable to Peconic Surveyors, P.C. $ 700.00** Check #78337 (5/4/04) **Split 50/50 with T. Hubbard = $350.00 check #2504 Environmental Rel3ort Payable to Nelson, Pope & Voorhis, LLC $ 1,250.00 Check #76501-(5/18/04) Title Report Payable to Fidelity National Title $ 1,670.00 Check #75951 Title insurance $1,471.00 Recording deed $ 199.00 Closer Payable to Karen Hagen, Esq. $ 50.00 Check #75952 Those present at Closing: Joshua Y. Horton Southold Town Supervisor Lisa Clare Kombrink, Esq. Special Counsel for Town of Sout~hold James F. Matthews, Esq. Attorney for Seller Susan Tuths, Esq. Attorney for Peconic Land Trust Peri Youmans Peconic Land Trust Karen Hagen, Esq. Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Administrative Asst Frank Murphy Real Estate Broker VENDOR 014563 NYS FEDERATION OF GROWERS AND 04/29/2004 CHECK 75953 FUND ~ ACCOUN~ P 0 # TlkTVOTCE DESCRIPTION AMOUNT HI .8686.4.000.000 TB 38 042904 DEVELOP RGHTS-416 44,337.28 H2 .8686.2.000.000 TB 38 042904 DE,LOP RGHTS-416 196,094.72 7 TOTAL 2~0, 432 . O0 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 VENDOR 003172 CENTURY 21 AGAWAM ALBERTSON 04/29/2004 CHECK 75950 ~T~n ,~ ACCOT~T P.O.~ INVOICE DESCRIPTION A_MOUNT H2 .8686.2.000.000 TB 38 042904 BROI<ERS FEE-NYS FE 19,320.00 TOTAL 19,320.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 1197141959 FROM:Andrew Stype Realty, Inc. Box 63 Mattituck, NY 11952 516-298-8760 * * * tlWOICE * * * TO: bk-. Scott Hu~hes TOW~ of Southold LrLvolce nuff~e~-: 203225 Department of Land Prese_%%~tion 7/11/03 Re:Grate's Place, Rte. 48, P~conic For professional appraisal services rendered. real estatet appraisal 1000-74-4-4.9 Grace's Place, Rte. 48, Peconic real estate appraisal -. 00 miles ® $0.25 per mile ~ 00 miles -@ $0.25 per mile ~'?~:"~ subtotal: State Tax: ........ A service charge of 2% per month will be applied to all accounts more than thirty days past due. Thank you very mu~h for your business. Andrew D. Stype SRA P.O. Box 909 1230 Txaveler Street Southol~t, N.Y. 11971 (6~I) 765~020 · Fax(631) 76~-1797 APRIL 7TH, 2004 Attention: Ms. M. Doroski I~YS FEDERATION OF GROWERS & PROCESSORS ASSOSIATION, INC. (Grace's Place) to TOWN OF sOUTHOLD FOR PROFESSION.M.,SERVICESRENDERED: JOB ~: 01-135 (B) FINAL SURVEY SUFFOLK COUIf~Y TAX~P~ 1000-74-4-4.9 PEE: $ 700.00 APR I 2 2004 DEPT. DF ~ND PRESERVATION 2504 THOMAS J. HUBBARD Nelson, Pope & Voorhi$, ££C o2o 4VAOl 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Grace's Place, Southold Manager: McGinn, Steven Invoice #: 2415 To: Town of Southold De~t of Land Preserv Town Hall Invoice Date: April 29, 2004 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spixo M~ cmgCKS r~/¥na[E TO ~,SON ror~ &voov, ms Invoice Amount $1,250.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 2/19 thru 3/17/04 ConWact Amount: $1,250.00 Percent Complete: 100_00% Fee Earned: $1,250.00 Prior Fee Billings: $0_00 Current Fee Total: $1,250.00 *** Total Project Invoice Amount $1,250. O0 Please make all checks payable to NELSON POPE & VOORtlIS Please include invoice number on check NELSON POPE & VOORI~IS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - .M~IERICAN EXPRESS MAY - 5 2004 DEPI. Of LAND PRESERVATION . ' . . :.. . -." .': -.' .. ':,~-~ ~.~.~'~ .-..~-: . -,~309~ MAIN R:~AD · .... ' .'~m'~..~,~r, r',~'c.~: "~~-%: '. "~.': '-~, ~- - '" '-: "T ' .. ~' ':.. -.: --' ' '-~:0:75~5'~i~"' ~I0 ~.[~O:S[~-~: ::;[~"'00OO0~ 0',· 2 : :: :- :'-':~ ' . V:~DO~ 00~82 ~tDEGiTY ~ATIO~ TITGE~-t'~S-~: 0~/29/200~ '' CH~CK ?'B95i .. '" F~. &.ACCOk~T ~ .0 ~- .TmZOTC~- . .. DRSCR-IPT-ION : ~O~Tm-. 'H~ :.~'S~'~2'[0'00~'060 370N-~'SU TITLE~NYS FED GRO~"l,47!.00 H2 .:8~-'8:~-. 0¢0: 0'00 .... -:' -'370.~-S~gr~--~ .RECO~-~S- E~D_G 199 ..00 - - ,.>,t .... TOWN OF SOUTHOLD · SOUTHOLD, NY ~ 197~-0959 TOWN OF SOUTHOLD · SOUTHOLD. NY 11971-0959 SUPFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASE~ENT/DOP Recorded: 05/24/2004 Nurmber of Pages: 14 At: 03:51:01 PM Receipt Number : 04-0059578 TRANSFER TAX NUMBER: 03-44042 LIBER: D00012320 PAGE: 981 District: Section: Block: Lot: 1000 074.00 04.00 004.009 EXAMINED ~ CHARGED AS FOLLOWS Deed Anlount: $0~00 Received the Following Fees For Above Instr%unent Exempt Exempt Page/Filing $42.00 NO Handling $5.00 NO COE $5.00 NO AVfS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0,00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm. Pres $0,00 NO Fees Paid $102.00 TRANSFER TAX NUMBER: 03-44042 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County ~E FJ?.-5:'EE~ Number of pages .',~-.,-.,~ .......... TORRENS ~ Ed,.~ard ~' v_,..~ Certificate # ? ~ Prior Cfi. # Deed / Mortgage Instmmem Deed / Mortgage Tax Stamp t Recording / Filing Staxnps 3 I' FEES 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 ,~ Sub Total Notation Spec./Assit. ,%7 o, EA-52 17 (County) Sub Total - Spec./Add. EA-5217 (State) . TOT. MTG. TAX R.P.T.S.A. i ~ ~*~ Held for Appointment __ __._~/ Comm. of Ed. 5. 00 Transfer Tax -~-~t~o/~ Affidavit Mansion Tax ~ The properb_, covered by this mortgage is Certified Copy or will be improved by a one or two ~"~-~ _ ._:7.~7 family dwelling Only' Surcharge 15. 00 Sub Total 5q~s or NO NYS Other Grand Total /~ If NO, see appropriate tax clause on page # of this instrument. ,, I I DiSt. Section I gl°ck/2tf/¢C-ff2 Lo~-o ~_/2 PEYq 5 Community Presexaration Real Properb_' Consideration Amount $ Tax Setx'ice "~x~ 5 -''] -J~ Agency CPF Tax Due $ ~-/~/~ Verification ,'¢ cou~w M ~ L~J Improved Vacant Land 6 I Satisfactions/Discharges/Releases List Property Owners Malting Address RECORD & RETURN TO: TD ] 7 I Title Company Info ,rynation. · Co. Name ~/X49~¢/.~,~/ //L~h.~/~ , I Suffolk County Reeordinu & Endorsement Page This pagerotxnspartoftheattachea ~¢7'-~¢~A -~'~J'C'~L ~-/¢~~' made hy: (SPECIFY TYPE OF INSTRUMENT) fl_Jv, g~ ,~p~¢/~ ..~¢~-J¢~/~?~.¢~'-4~.'~[ 34/30.~P- The premises herein is situated in a~ v-flL..~,'-~ ~t..-- ~k //3~ ,v/_2.T_...~df'F~_ / SUtWOLK COUNTY, NEW YOILK. ~ , .~ TO ' ..~ e In the Township of ~_ff2~(J.. ~/~' 1//x..d'rT; dr~ "" ' m'O t~/~'~--~5/ In the VILLAGE or HAMLET of BOXES 6 THRU $ MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be awax-e of the following: If a port,on of your monthly mortgage payment included your property taxes, *you will now need to contact .your local Town Tax Receiver so that you maw be billed directly for all future ~ropert~ tax statements. Ix)cal property_ taxes are payable twice a year: on or before January 10~' and on or before May 31-~t, Failure to make payments in a timely fashion could resulr in a penal~-, Please contact your local Town Tax Receiver with any questions regarding propertz~- tax payment. Babylon Town Receiver of Taxes Riverhead Toxen Receiver of Taxes 200 East Sum-ise High~vay 200 Howell Avenue North LinderLhurst, N.Y. 11757 Riverhead, N.v, ! 1901 {631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Toxwn Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y, i 1964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtow~ Totem Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N,Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N,Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Toxin Receiver of Taxes Southold Tow~ Receiver of Taxes 40 Nassau Avenue 53095 Main SLveet Islip, N.Y. 11751 Southold, N.Y. 11971 (631} 224-5580 (631} 765-1803 Edward P, Romaine Suffolk_ County Clerk dw 2/99 £2-0104:: 07~ O2eg CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the~'~c~ay of April 2004 at Southold, New York, The parties are the NEW YORK STATE FEDERATION OF GROWERS AND PROCESSORS ASSOCIATION, INC,, having a principal office at 1576 State Street, Schenectady, New York 1230q (herein call "Grantor'~ and the TOWN OF ,,,. SOUTHOLD, a Municipat Corporation, having a principal oMce at 53095 Main Road, P.O. Box 1179, Southold, NY 11971 (herein called Grantee). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain rea~ property located in the Town of Southold, Suffolk County, New York., identified as SCTM #'s 1000-74-4-4.~'~,~ and is more fully described in SCHEDULE A and ~own on thc survcy ,,,:rked EXHIB~IL~ ~ ~ both attached hereto and made a part hereof, and hereinafter referred to as the ~ "Property"; and WHEREAS, Grantor wishes to grant a Conservation Easement on the Property to extinguish the development rights on the Property so that it shall remain in its open, undeveloped, natural and scenic state; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is ~ocated in the Agricultural Conservation Zoning District which, according to the Town Code of Southold, Article III, Section 110-30, is to prevent the unnecessary loss of those currently open lands within the Town containing large, contiguous areas of prime agricultural soils and provide the open rural environment valued by the Town's residents and tourist population; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's comprehensive planning documents to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section 57-0101, et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," declared it to be in the public interest to protect and manage the Pine Barrens/Peconic Bay maritime system, including the Property; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, open space, and natural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and authorized under Section 64 of the New York Town Law and Section 247 of the New York General Municipal Law to.acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights, which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its environmental, scenic, open space, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Grantee's Warranty Grantee warrants and represents that it possesses the .intent and ability to enforce the terms of this Conservation Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.05 Documentation Grantee acknowledges by acceptance of this Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. Tn order to aid in identifying and documenting the present condition of the Property's resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantor has prepared, with Grantee's cooperation, an inventory of the Property% relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a Conservation Easement Hap marked EXHIB1T A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the P~operty or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.0:L Type This instrument conveys a Conservation Easement (herein called the "Easement'S. This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and 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 each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO GRANT GRANTOR, for $222,000.00 and other good and valuable consideration hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures or non-agricultural improvements are permitted on the Property including, but not limited to residential, commercial, or industrial buildings, permanent or temporary, except as specifically allowed in Section 4.06. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the activity does not defeat or derogate from the purposes of this Easement. Mineral exploitation, and extraction by 3 any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvement does not defeat or derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the subdMsion or partition does not defeat or derogate from the purposes of this Easement. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes, or chemical waste on the Property shall be prohibited. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property.and only for any of the following purposes: (a) to state the name of the Property and the name and address of the Grantor and/or Grantee, (b) to post the Properb/to control unauthorized entry or use, or (c) to announce Grantee's conservation easement. Signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town of Southold. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited; provided that this prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the US Department of Agriculture's National Resource Conservation Service. 3.07 Landscaping Activities The cutting or harvesting of timber on the Property, and the clearing or removal of trees, shrubs, or other vegetation is prohibited, except for the following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by forces of nature or human activity, (b) to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement, as determined by the Grantor in its sole discretion, (c) to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed, or damaged, and (d) to create and maintain the permitted structures and improvements. 3.08 Uses Non agricultural uses of the Property are prohibited, including but not limited to residential, commercial, commercial recreational, or industrial uses. The use of the Property shall be restricted to open land actually used in bona fide agricultural production. 3.09 Drainage 4 The use of ~he Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibi~d except to conb'ol flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Properby for purposes of calculating lot yield on any other Prol::)er~y shall be prohibited. Granter hereby grants to Grantee all existing development rights (and any further development right~ that may be created through a r~zoning or,he Property) on the Property and the parties agree flla~ such rights shall be terminated and extlnguishecl and may not be used or transferred ~o any other parcels. ARTICLE FOUR. GP. ANTOR'S RIGI-n-~ 4.01 Ownership Subject to the provisions of ARTZCLE THREE, Grantor shall retain all other customary rights of ownership in the ProperLy, some of which are more particularly described in this AR-I-[CLE FOUR. 4.0) Possession Granter shall continue to have the right Lo exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New YorkSt~te, or federal law. 4.04 I.~ndscaoina Activities Grantor shall have the right to continue the current modes of landscapingr pruning and grounds maintenance on the Properb/. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when deadr diseased, decayed or damaged. 4.05 Aoricuitural Activities Grantor shall have the right to engage in all types of agricultural addvib/ including the raising and cultivation ol~ crops, livestock and livestock produces as set for'ch in Chapter 25 of the $outhold Town Code, Agricultural Lands Preservation, provided that such activity shall 'be conducted in accordance with the purposes of this Easement and subject to other restrictions set forth in this conservation easement (or deed of development rights), including but not limited to the reStriCtions set forth in Section 3.0! herein. The use of the Property shall be reStricted te open land actually used in bona fide agricultural production. 4.06 Structures Grantor shall have the right to erect and maintain the following nonoresidentJal improvements on the Property that are necessary to and consistent with the agricultural uses as permitted in Section 4.05 hereof, with the prior written consent of Grantee: (i) intentionally omitted. (ii) Access drives, to provide access ~o the improvements permitted by this Section 4.06; and must be permeable surfaces. (iii) Underground fadlities used to supply utilities, septic systems, leaching fields, Irrigation systems, and wells, and control stormwater runoff from the improvements permitted under the terms of this Section 4.06. (iv) Fences~ if they are placed so that they do not block or detract from the scenic view, may be constructed but require the prior written approval of the Land Preservation Committee of the Town of Soul:hold. 4.07 Not~ce Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subjec~c of this Easement. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienabili~/ Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the ProperLy, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date~ office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not aff~-~ct Grantee's rights hereunder. ARTICLE FIVE GRA. NTOR' $ OBLIGATIONS 5.01 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical- maintenance or condition of the Property' or from any taxes~ levies or asse~rnent~ upon it or restJItzing fi"om this Easement, all of which shall be considered Grantor's obligations. 5.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors, ARTICLE SIX GRANTEE'S RIGI-ITS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within forty five (45) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 7 (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. in the event that Grantee prevails in any legal proceeding brought under the provisions of this Section 6.03, Grantor shall pay, either directly or by reimbursement to Grantee, ail reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses'9 in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this AR'I-~CLE S~X shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grantee shall have the right to assign any and all of its fights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee'9. As used herein: the term "qualified organization" means a not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified' organization within the meaning of the TRS Code, Section 170(h)(3), which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section 6.05. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section :~70(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate, if, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign ail of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This Easement gives rise to a properb/right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share'S). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be,entitled to the Proportionate Share of the Eemaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The re..spective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they maY have by law with respect to a modification.or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto. 7.03 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 9 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Attorney, 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 of the date of its manual .delivery or the date of i~s mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violatign and performance. 7.06 ]:nterpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties bec~ause it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement,'and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in'that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, oor shall be interpreted to grant, the right of the public to enter upon the Property without the express permission of Grantor. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 10 7,09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinas The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: NEW YORK STATE FEDERATION OF GROWERS AND PROCESSORS ASSOCTAT~ON, INC. (Grantor) BY: Marga~t M, Evans, Executive Director ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD (Grantee) BY: /3oshua H~)rton Supervisor STATE OF NEW YORK ) COUNTY OF _,~,~,,~) ~SS: On this 2_~ day of~ in the year 2004 before me, the undersigned, personally appeared Margaret Ivl. Evans, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ( ~.( tO.~.~c: CarolA. Preston · Nqtary Public, State of New York Notary Public No. 01PR4972204 Qualified in Fulton Cou~Vj /~/~-~L ~. f~/'~---~'~)~)/~ Commission Expims Sept. 24,_~.~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On thioFffoT.- of e year 2004 before me, thc undersigned, personally appeared Joshua Horton, personally kno~m 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 he executed the same in his capacity, and tlmt by his signature, on the i1 instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ..... ~ ...... ~ ~ % ) Nm. 02HA~g27~29 .~ ~ I. / . _ _ ~. ~ ~ Quailed in Suffolk Cou~ ~ SCHEDULE A: Description of the Property CXq ~tBIT A. ~ 12 FIDELITY NATIONAL TITLE INSURANCE COMPANY i~ ~ ' ' · TITI~F~NO~"04~3704:570~t0-SUFF' ~ SCI-[EDULE Aq (Description) · .::: ( ALL ii, at cert~ih plot, piece or parcel of land, situate, lying and being in the To~'n of Southold, County of Suffcflk and : ..~ f ~ State of New York, known and designated as Lots 7 and 8 as shown on "Map of Nicholas Aliano" and filed in the Suffolk : ,%~County C!erk'g Office on 10,/8,/93 as Map No. 9417, said lots being bounded and described as follows: : :},:~}5"B~EGINNING~'a~a point on the southeastei-ly side of Middle Road (CR 411) distant 2911 52 feet southwesterly as measured ! :.,,j. ~long the som,~easterl_v s~de of M~ddle Road from the comer formed by the intersection of the southeasterly s~de of M~ddle · "Road and the,soathx~esterly side of Paul's Lane, said point of beginning also being the division line between the herein ~'-i:'}described premises and land now or formerly of Krupski; South 35 degrees 00 minutes 00 seconds East along the land now or formerly of Krupski 495.78 ' .!!" SOMt~ 58 degrees 29 minutes 10 seconds West along the land now or formerly of the LIRR 389.06 feet to the n,lme~l'~erx~een Lots 6 and 7; . ! ~ ~ the fast mentioned division line the following THREE courses and distances: :,~', '~, ,ainutes 20 seconds West 428.05 feet to a point; 1~ }!.~-e~t~i-~vf, . along the are ufa curve to the ribht having a radius of 2989.79 feet a distance of 320.00 feet to a point; minutes 20 seconds West 65.01 feet to the southeasterly side of Middle Road; along the southeasterly side of Middle Road the following TWO courses and distances: !~rc o f a curve to the left having a radius of 2924.79 feet a distance of 577.15 feet to a point; 0~ minutes 20 se. conds East 76.56 feet to the point or place of BEGINN/NG_ i TItE POLICY TO BE ISSUED under Ihia commimtent will inane t ' ~ · - . , b) la~ c~tttute realproper~, he ntle to s~ch budding~ ~d improvements on the premises which ': i t~ r_o_.wht' title ~d im~e~t of the part}, of t~ first par[ oJ in and to the l~ lying ,1~ .SCHEDL%~ A-] (Descriplion) C,..~ ' Owner's Policy of Title Insurance Fidelity National Title Insurance Company of New York POUCV A Stock Company NUMBER 26-031-92- 70C) 2~2 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELIrlT NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage. not exceedin~ the Amount of Insurance stated in Schedule A, sustained or incurred by the insured ~, reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title: 4. Lack of a right of access to and from the land. The Company will also pa), the co,ts, attorneys'fees and ~rpenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has caused this polio' to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COi~IIOAN¥ (PLEASE PRINT NAME) FORM 26-031-92 (411/93) ALTA OWNER'S POLICY- 1992 (Revised 10-17-92) OFidlity N e ational itle Insurance Company Policy No.: 26-031-92-70929 Title ldo.; 04-3704-55406-SUFF SCHEDULE A Amount o£ Insurance: $260,000.00 Date of Policy: April 29, 2004 at 9:00 AM l. N~'ne of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Easement 3. Title to the estate or interest in the land is vested in: Town of SouthoId by means of a Conser-,'ation Easement from New York State Federation of Growers' and Processors' Association Inc. dated April 29. 2004 and recorded in the Suffolk Count), Clerk's Office on May 24, 2004. 4. The land referred to in this policy is described as follows: See Schedule A- l (Description), folloxx lng. Schedule A Owner's Polizy Page 1 Rev (0~04) OFidelity National Title Insurance Company OX~,qNER~ S POLICY Attached to and forming a part of Policy No. 26-031-92-70929 of FIDELITY NATIONAL TITLE INSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. ,amy statutory lien for services, labor or materials fm2ished prior to the date hereof, and which has now gained or which may hereatker gain priority over the estate or interest of the insured as shown in Schednle A of this policy." The following is added to Paragraph 7 to the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy dace, such policy shall also cover inten, ening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be consn'ued as extending or changing the effective da~e of said policy unless otherwise expressly stated. This endorsement, when countersigned below by validating signatory, is made a part of the policy and is subject to all the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatotT and countersigned on the date hereinafter set forth. Signed and Sealed: April 29, 2004. Countersi_o~ned: FMelity National Title Insurance Company Standard Owner Policy (9/1/93) w/AJ~TA Ox~ner'g (10/17/92) Rev. (02/04) (Owner Policy93) OF'nD N ' ' attonal T tle Insm'ance Company Policy No: 26-031-92-70929 Title No.: 04-3704-55406-SUFF SCItEDULE A-I Description AMENDED 3/16/04 ALL that certain plot, piece or parcel of land, situate, lying and being in the Tox~m of Southold, County of Suffolk m~d Sram of New York, kno;~m and designated as £ots 7 and 8 as sho,~m on Map of Nicholas Aliano and filed in the Suffolk Count3, Clerk's Office on 10/8/93 as Map No. 9417, said lots being bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R_ 48) distant 298.52 feet southwesterly as measured along fl~e southeasterly side of Middle Road from the corner formed by the intersection of the southeasterly side of Middle Road and the southwesterly side of Paul's Lane, said point of beginning also being the division line betx~een the herein described premises and land now or formerly of Krupski: THENCE South 35 degrees 00 minutes 00 seconds East along the land now or formerly of Krupski 495.78 feet to the LIP, R; THENCE South 58 degrees 29 minutes 10 seconds West along the land now or formerly of the LIILR 389.06 feet to the division line between lots 6 and 7; THENCE almqg the last mentioned division line the following tkree courses and distances: 1. North 29 degrees 36 minutes 20 seconds West 428.05 feet to a point; 2. Southwesterly along the arc ora curve to the right having a radius of 2989.79 feet a distance of 320.00 feet to a point; 3. North 2 l de,ecs 41 minutes 20 seconds West 65.01 feet to the southeasterly side o1' Middle Road; THENCE Northeasterly along the soufl~easterly side of Middle Road the following m,o courses and distances: 1. Along the am of a curve to the left haying a radius of 2924.79 feet a distance of 577.15 feet to a point; 2. North 56 de~ees 07 minu~es 20 seconds East 76.56 feet to the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 2 Rev. (09-/04) OFidelity National Title Insurance Company Policy Number: 26-031-92-7099_9 Title No.: 04-3704-$5406-SUFF SCHEDULE B - P.M1T I Exceptions from Coverage This policy does not insure against loss or dmnage (and the Company will not pay costs, arLOn~ey's fees or expenses) which arise by reason of: 1. Rights of tenants and persons in possession. 2. 50 toot buffer as shown on filed map no. 9417. 3. 160 foot setback line as shown on filed map no. 9417. 4. Declaration of Covenants and Restrictions in Liber I 159 lcp 3 l 0. 5. Declaration of Covenants and Restrictions in 'Liber 11631 cp 638. 6. Declaration of Covenants and Restrictions in Liber 12207 cp 910. 7. Declaration of Modification of Covenants and Restrictions in Liber 12207 cp 911 8. Survey made by Peconic Surv%'ors dated March 3, 2004 shows premises as vacant land. 9. Policy excepts any state of facts an accurate sarvey made since March 3, 2004 would show. Schedule B O~'~'ne r ' s Policy page Rex'. (02/04) SOUTHOLD TOWN BOARD PUBLIC HEARING January 6, 2004 5:05 P.M. HEARING ON THE PURCHASE OF TIlE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTIJRAI, LANDS OF NYS FEDERATION OF GROWERS & ';~ROCESSORS ASSOCIATION (A/K/A GRACE~S PLACE), SCTM#1000-74-4-4.9. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A_ Finnegan Absent: Councilman John M. Romanelli COUNCILMAN WlCKHAM: NOTICE IS HEREBY GIVEN that pursuant m the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the To~vn Board of the Town of Southold hereby sets Tuesday. January 6, 2004, at 5:05 I).n~. South~ld Town Hall. 53095 Main Road. Southold. New York as the time and I)lace for a I)nblic hearin~ for the Ourchase of a develol)ment riehts easement on a~rieultural lands for a certain I)arcel of I)rol)ertv owned by NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Grace's Place). Said property is identified as SCTM #1000-74-4-4.9 and 31800 CR 48. The property is located on the south side of CR 48, approximately 1300 feet west of the intersection of Pecouic Lane and CR 48, in Pecouic. The development fights easement comprises the entire approximately 4.6 acre parcel. The exact area of the development rights easement is subject m survey. The purchase price for the development rights easement is 5260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant. The property is listed on the Town's Commumty Preservation Project Plan as property that should be preserved due to/ts agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Deparauent, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested persoa dttdng business hours. I have confirmation that is has appeared as a notice on the Town Clerk's bulletin board and a legal notice in the Traveler-Watchman and there is no further correspondence in our file. January 6, 2004 2 Public Hearing-NYS Federation of Growers SUPERVISOR HORTON: Thank you, Councilman Wickham. Are there comments from the floor? Ms. Spiro, if you would like to address the Board. .MELISSA SPI~O, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator, I would like to just point out some things about this purchase. As Councilman Wicldaam mentioned the farmland is 4.6 acres. It was originally 2 lots of an 8 lot subdivision, which was approved by the Phuming Board in the early 90's. Once the subdivision was approved, the 8 lots continued to be farmed for awhile while the lots were listed for sale. Then. I believe, the farmland was le~ fallow. In 2002, the town purchased a 12.25 acre development rigl~ts easemeixt on 6 of the 8 lots. The res~t/~cted~ 12.25 acres were purchased by a new ow~ er, who then leased the land to a u'~d~fional ~e~ a~:d [t has bem~ farmed s~mce then. The remaining 210ts. w~ere, purchased by,the ~$ F~derat/;On ofGr6wers & Progessors ,Assoda~on and that ow~rer receivecI appr°val from ~ke, Plahnlng Board for a sim Nlm. known as Grace s Place. ~ June of 2003, thc NYS Federation of Giowers mbmitted au appIi~afion to the Land Preservation Committee offering the development ri~ ~. ~c 4.6 aere~ that is, the re~!!g 2 lots. Tke plan is for the Town to purcho, se the dev~lopmcn: ,'ii_,h,s ea;c,i,, hi, and for tho resoled land to be sold by tke NYS Federation of C~owers t~ ti:,' ~:d.i::c~n,;" I;:ndov. n~r who cmr~ .~ e~.tt~:'owns~ the restricted 12~25 acres c~f farmland. TI~ adjacent ~do~vner ~i~ m~trac~ with the N~'S, l~gdemtion. . of GroWers. to purchase the resh%ted land: .... ~2nd tke ~$ Fede~l~on.~ has s"~ed the lmdo~er's~part of the T. own's contract for the purchase C~e d~ve!~Pmen~ is ~n accord~mee with an'appraisal prepared by Andrew S~e. B~th ~e La~ud 'l','cSc,'x and I ~eeomlnend that the Town Board proceed with the pm;chase of tl~s devel~spment ri~,~s easement. Thanks. SUPERVISOR HORTON: Thank you, Ms. Spiro. Are there comments from the floor on this public hearing? (No response) We will close the hearing. Southold Town Clerk to ~ CO~TY OF SUFFOLK STA~ OF NEW YO~ ss: Lise M~mce, berg duly sw~ says 5?II,j0,1. %~,,~ D ot'l~ a~_[[,~: w~ch ~e ~exed isa pfinmd copy; ~ chas~ M~ ~ds from a private Commission expires May 06, 2006 -_~t. The prope~ ~s hsted o~ the To~'s Commanity Prese~afion ~oject Plan as ~}~rope~y ~at should be pre- [~}~e~ed due to its-aghcul~al ~t~?~Ue. The To~ may be ~le for a ~t ~om the ~}~or~ State' Dep~ent of ~cul~e ~or p~ial pmchase 'of ~is prope~ ~d p~ ~ ~e ,p~chase pdbe my be re~- :b~ed ~om ~at agency. ~;-FfiRT~ER NOTICE~' is ~hereby given ~at a more ~detailed description: of ~e }above mentioned p~c~l 6f land ~is on file ~ L~d Pres~on ~epa~ent, Southold To~ ~all. Feather Hill ~ex. ~,~outhold, New Yo~, ~d may ~;~e ex.ned by m~y ~t~esmd ,}?~rson dmng ~us~ess ~s. ,}~ Dated:~c~ber 16, 2003 ? BY O~E~.OF ~ TO~ ~? 'BOA~ OF T~ TO~ OF SOU~OLD E~abe~ Neville ~X 1/1/04 (142) LEGAL NOTICE NOTICE OF PUBLIC HE~G NOTICE IS HI~REBY GIVEN that pursuant to the provisions of Chapter 25 (Agrieultm-al Lands] and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. January 642004. at 5:05 p.m., Southold To,wa HaIL 53095 Main Road~ Sonthold. New York as the time and olacefor~a public hearing for the l~urchase of a development rights easement on a~ricultwcal lands for a certain oarcel of proDertW owned by NYSFederatiOn of GroWerg & ~l~r'~eessors, Assoc. Inc. (mk.a. Grae~'s Place}. Said property js identified as SCTM #1000-74-4-zk9 and 31800 CR 48. The property is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The development rights easement comprises the entire approximately 4.6 acm parcel. The exact area of th~ development fights easem~n~ is subject to .survey. The purchase price for the development fights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development fights purchase with Town funds, and will fund $38,000 of the developmem dghts purchase with funds from a private grant. The property is listed on the Town's Commanky Pre§ervation Project Plan as property that should be preserved due to its agri.cultuml value. The To~vn may be eligible for a grant from the New York Sta~e Deparmaent of Agriculture for partial purchase of this property and part of the purchase price may be ~eimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned pmccel of land is on file in Land Preservation Deparnnem, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: December 16, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk © PLEASE PUBLISH ON JANUARY 1, 2004, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Town Board Members Melissa Sp/ro Town Attorney Town Clerk's Bulletin Board NYS Federation of Growers & Processors Assoc. Inc. STATE OF Nt~ YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, sa.rs that on the ..~.~ d~y o£ ~ ~ ~ .200~, she affixed a notice o£which the annexed printed noticeis a tree copy, in a proper and substantial mariner, in a mos~ public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main,Road, Sonthold, New York. NOTICE OF PUBLIC HEARING TO BE HELD O~: 8~1'0 pm l'~eb~at~y 2.5,200.3 A. Neville ( Southold Town Clerk Sworn before me this c~ day of~ .200~. c-f~l, ot~.euk l~iic LYNDA M. BOHN I~OTARY PUBLIC, State of New York: No. 01 BO6020932 Qualified in Suffolk County Term Expires March 8, ·1..······~~·~·~_·_·_~· r o o RESOLUTION DECEMBER 16, 2003 v - 835 !:RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Corrmn:mityPreservation Fund) of the Town Code, the Town Board of the Town of South old .. .. .." .." . . . " ',hereby sets Tuesday, Jauùarv 6, 2004. at 5:05 p.m.. Southold Town Hall, 53095,Main Road, rl-:" :......:......:'.. :._', ,',,' -"':_""', _. .. ',' ," :, ';".:- .... ,." " .:' ,,' . ", ',' """, ',:""":',','·"c,'_ _:<,'. " 'South old, New Yotk as the time. and place for a public hearin!!: for the purchase of.a i . . .... _,' ',' ,"" "._,. ".'.,',,',.. ::" ,', ",.. .. ". ',' . . ,'_' " "',"'. .',. ,-',. , development ri!!:hts easement on a!!:dcnltnraUands for a certain parcel of propertvowned :". .. ~'. -,. ..". <' ',"",:"' "'¡,":;-"',<'c, "',',,:, "',':' ""': ,::", _.:' ',' ',-:.", - " .. '. ," ',-'." _..~. .. .... .. .,.., ",', :_: ",.,',.".,-: .. "',::""" .. ',-, .. .. -: ,.." .. - ',' 'c. ',:"',. ":.. -, .. ':"~:_:-:';'.""":_:':":":"'.:";'<"'..'..'" ,', -." . - . . - . ", ,., ·C'. __ . ¡bv NYS Fèdèrátiòn (}f Gròwers & Pro~essors Assoc. Inc. ra.k.a. Gr~e'-s,Place). .-' .' ...~..' -., .' .',.. Sai;d property is identified as SCTM #1000-74-4-4.9 and 31800 GRA8. The property is located on the south siµe ofCR48, approximately 1300 feet west of the intersection ofPeconic Lane and CR 48, in Peconic. The development rights easement comprises the entire approximately 4.6 acre parcel. The exact area of the de,velopment rights easement is subject to survey. The purchase price for the development rights easement is $260,000 (two hlUldred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town flUlds, and will fund $38,000 of the development rights purchase with funds from a private grant. The property is listed on the Town's COJ;nmunity Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, N ew York, and may be examined by any interested person during business hours. · G_ 2 ;4 3 Number of pages Prior Ctf. # 4 RECORDED 2002 Sep 05 04: 12: 10 Pt1 Edward P.Romaine CLERK OF SUFFOLK COUNT'i L D00012207 P 424 DT# 02-05420 TORRENS Serial # Certificate # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps 4 Handling Lf";< .~ S ~ Mortgage Amt. Page / Filing Fee I. Basic Tax TP-584 2. Additional Tax Notation EA-52 17 (County) Sub Total 5';}, Sub Total Tnt Spec.! Assit. Or Spec. / Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. EA-5217 (State) Comm. of Ed. 5 O-º-- RP.TSA /9:() ../ . Affidavit Certified Copy Reg. Copy /S-- SubTotal GRAND TOTAL I~u d()~ Other Real Property Tax Service Agency Verification Dist Section Block Community Preservation Fund Consideration Amount $ CPF Tax Due $ ~~ Improved jtlb /ò . Vacant Land X 7 Satisfactionslulscnarges/Keleases List Property Owners Mailing Address RECORD & RETURN TO: Town of Southold 53095 Main Road South old , NY 11971 TO TD TD 9 Suffolk Count Recordin nt- 8 Tbis page forms part of the attached Conservation Easement made by: (SPECIFY TYPE OF INSlRUMENT) Peconic Land Trust, IncorporatedThepremiseshereinissituatedin SUFFOLK COUN1Y, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of Southold Town of Southold fê-Q nf\J I c' BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (OVER) Doc ID: I 02032250 Tax Maps District 1000 1000 1'000 1000 1000 1000 Seeton 07400 07400 07400 07400 07400 07400 Block 0400 0400 0400 0400 0400 0400 Lot 004001 004002 004003 004004 004005 004006 School District Sub Division Name SOUTH OLD 'SOUTHOLD SOUTHOLD SOUTHOLD SOUTHOLD - The Suffolk County Real Property Ta.x Service Agency does not in any manner guarantee the completeness or accuracy of the information contained on this page A.._.._.......... ....^^.... ....,. . , CONSERVATION EASEMENT (Deed of Development Rights) TillS DEED OF CONSERVATION EASEMENT, is made on th~ay of~ar1002 at Southampton, New York. The parties are the PECONlC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 (herein call "Grantor") and the TOWN OF SOUTHOLD, a Municipal Corporation, having a principal office at 53095 Main Road, Southold, NY 11971 (herein called Grantee). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 6 lots totaling 12.2-acres of real property located in the hamlet ofPeconic, in the Town of South old, Suffolk County, New York, identified as SCTM #'s 1000-74-4-4.1,4.2,4.3,4.4,4.), and 4.6 and is more fully described in SCHEDULE A attached hereto, made a part hereof, and hereinafter referred to as the "Property"; and WHEREAS, Grantor wishes to grant a Conservation Easement on the 12.2-acre parcel of Property to extinguish the six (6) development rights on the Property so that it shall remain in its open, undeveloped, natural and scenic state; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is located in the Agricultural Conservation Zoning District which, according to the Town Code of South old, Article Ill, Section 110-30, is to prevent the unnecessary loss of those currently open lands within the Town containing large, contiguous areas of prime agricultural soils and provide the open rural environment valued by the Town's residents and tourist population; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's comprehensive planning documents to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, Article 57 ofthe New York State Environmental Conservation Law, Section 57-0101, et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," declared it to be in the public interest to protect and manage the Pine BarrensIPeconic Bay maritime system, including the Property; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, open space, and natural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, ftee of any mortgages or liens and possesses the right to grant this easement. 1 1. ',' 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws ofthe State of New York and authorized under Section 64 of the New York Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights, which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Pumose The parties recognize the environmental, natural, scenic, and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its environmental, scenic, open space, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.05 Documentation Grantee acknowledges by acceptance ofthis Easement that present uses of the Property are compatible with the purposes of this Easement Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time ofthe gift of this Easement In order to aid in identifYing and documenting the present condition of the Property's resources and otherwise to aid in identifYing and documenting the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantor has prepared, with Grantee's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a Conservation Easement Map marked EXHIBIT A, an aerial photograph, photographs ofthe Property, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it 2 ARTICLE ONE THE EASEMENT 1.01 Tvoe This instrument conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, tenns, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and 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 each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO GRANT GRANTOR, for $400,000.00 and other good and valuable consideration hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS Prom and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures or non-agricultural improvements are pennitted on the Property including, but not limited to residential, commercial, or industrial buildings, pennanent or temporary, except as specifically allowed in Section 4.06. 3.02 Excavation and Removal of Materials: Mining The excavating or filling ofthe Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the activity does not defeat or derogate from the purposes of this Easement. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography ofthe Property be changed except to construct and maintain the pennitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvement does not defeat or derogate from the purposes ofthis Easement. 3 3.03 Subdivision The subdivision or partitioning ofthe Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the subdivision or partition does not defeat or derogate from the purposes ofthis Easement 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes, or chemical waste on the Property shall be prohibited. 3.05 Sil!Ils The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any ofthe following purposes: (a) to state the name ofthe Property and the name and address ofthe Grantor and/or Grantee, (b) to post the Property to control unauthorized entry or use, or (c) to announce Grantee's conservation easement Signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town of Southold. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited; provided that this prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such às fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the US Department of Agriculture's National Resource Conservation Service. 3.07 Landscapin!!: Activities The cutting or harvesting of timber on the Property, and the clearing or removal oftrees, shrubs, or other vegetation is prohibited, except for the following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by forces of nature or human activity, (b) to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement, as detennined by the Grantor in its sole discretion, (c) to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed, or damaged, and (d) to create and maintain the pennitted structures and improvements. 3.08 Uses Non agricultural uses of the Property are prohibited, including but not limited to residential, commercial, commercial recreational, or industrial uses. The use of the Property shall be restricted to open land actually used in bona fide agricultural production. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited except to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property and the parties agree that such rights shall be tenninated and extinguished and may not be used or transferred to any other parcels. 4 · . ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New Y orkState, or federal law. 4.04 Landscauing Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged. 4.05 A!!ricultural Activities Grantor shall have the right to engage in all types of agricultural activity including the raising and cultivation of crops, livestock and livestock products as set forth in Chapter 25 of the Southold Town Code, Agricultural Lands Preservation, provided that such activity shall be conducted in accordance with the purposes of this Easement and subj ect to other restrictions set forth in this conservation easement (or deed of development rights), including but not limited to the restrictions set forth in Section 3.01 herein. The use of the Property shall be restricted to open land actually used in bona fide agricultural production. 4.06 Structures Grantor shall have the right to erect and maintain the following non-residential improvements on the Property that are necessary to and consistent with the agricultural uses as permitted in Section 4.05 hereof, with the prior written consent of Grantee: (i) The existing barn and ftamed shed on the property may be renovated and/or rebuilt with a footprint not to exceed 150% of the original footprint Any renovation and/or rebuild of said barn and said shed, shall take place within the existing location of said structures, as noted on a survey dated July 5, 2002 and prepared by Peconic Surveyors. In no event shall the shed and/or the barn be relocated to a different site with out the prior written consent of Grantee. (ii) Access drives, to provide access to the improvements permitted by this Section 4.06; andmust be permeable sufaces. (iii) Underground facilities used to supply utilities, septic systems, leaching fields, irrigation systems, and wells, and control stormwater runoff from the improvements permitted under the terms of this Section 4.06. 5 .,', (iv) Fences, if they are placed so that they do not block or detract from the scenic view, may be constructed but require the prior written approval of the Land Preservation Committee of the Town of South old. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject ofthis Easement. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and infonnation is submitted to Grantee. 4.08 Alienabilitv Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subj ect to this Easement, without modification or amendment of the tenns of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 lndenmification Grantor shall indenmify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising ITom the physical maintenance or condition ofthe Property or from any taxes, levies or assessments upon it or resulting ITom this Easement, all of which shall be considered Grantor's obligations. 5.02 Third Party Claims Grantor shall indenmify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) ITom injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) ITom actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely ITom the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment ofthe Property, for the purpose of inspection to detennine whether this Easement and its 6 purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to pennit acccss upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, stonn, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any tenn, provision, covenant or obligation on Grantor's part to be observed or perfonned pursuant to this Easement is not cured by Grantor within forty five (45) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or pennanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to tenninate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the tenns, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any tenn, condition, covenant or obligation under this Easement. . l~ the event that Grantee prevails in any legal proceeding brought under the provisions of this SectIOn 6.03, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect. ~fwaiving or limiting any other remedy or relief, and the failure to exercise or delay in exerclsmg an~ remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 7 6.05 Assignabilitv Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualifi.ed . organization" means a not-for-profit corporation, or a governmental UUlt or agency, which IS qualified to receive such interests pursuant to Article 49 of the New York Environmental . Conservation Law, and is a qualified organization within the m~aning of the IRS Code, SectIOn 170(h)(3) , which is organized or operated primarily or substantIally for one of the conservatIOn purposes specified in Section 170(h)(4)(A) of the Code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section 6.05. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under LR.C. Section 170(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes ofthis Section 6.07, the fair market value of such right and interest shall be equal to the difference, as ofthe date hereof, between the fair market value of the Property subject to this Easement and the fair market value ofthe Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or conderrmation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subj ect to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share ofthe remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination ofthis Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 8 · . ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it 7.02 Amendment This Easement can be tenninated or modified in accordance with the common and statutory law of the State of New York applicable to the tennination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualifY as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto. 7.03 Severabilitv Any provision of this Easement restricting Grantor's activities, which is detennined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court detennines will make it enforceable and effective. Any other provision of this Easement that is detennined to be invalid or unenforceable by a court shall be severed ITom the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Attorney, 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 of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and perfonnance. 7.06 lntemretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that 9 ,-. Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shaH be interpreted to grant, the right of the public to enter upon the Property without the express pennission of Grantor. 7.0K"warranties The warranties and representations made by the parties in this Easement shaH survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office ofthe Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.ll Alienation As set forth in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affinnative vote of a majority of the Town Board after a public hearing and upon the approval ofthe electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shaH alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. 10 '. ,~ IN WITNESS WHEREOF, Grantor has executed and delivered aud Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONlC LAND TRUST, INCORPORATED (Grantor) BY: ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD (Grantee) BY: ~ ~..,ç::: ~shua Horton Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS: On this ~y obòs¡- in the year 2002 before me, the undersigned, personally appeared Timothy J. Caufield, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ~~ JAMES C. MILLER Notary Public, State of New York No. 01MI6053516 Qualified in Suffolk County :5 Commission Expires January 9, .;Loo STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: )')\II) ß v ,;.- On this.¿-< day of(t-0V:>{ in the year 2002 before me, the undersigned, personally appeared Joshua Horton, 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 he executed the same in his capacity, and that by his signature, on the instrument, the individual, or the person upon behalf of which the individual acted, executed the im~ rwJJA UUbliC JAMES C. MILLER Notary Public, State of New York No.OIM16053516 Qualified In Suffolk County" /'i) 3 Commission Expires January 9, ~ SCHEDULE A: Description of the Property 11 .... ". Fidelity National Title Insurance Company of New York TITLE NO. 02-3704~SUFF Y '137 7 SCHEDULE A-I (Description) AMENDED 8/20/02 ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 1 to 6 inclusive, as shown on a certain map entitled, "Map of Nicholas Aliano," filed in the Suffolk County Clerk's Office on October 8, 1993 as Map No. 9417, bounded and described as follows: BEGINNING at a point on the southerly side of Middlc Road CR. 48 (North Road) distant 952.24 feet westerly as measured along the southerly side of Middle Road from the corner fonned by the intcrsection of the southerly side of Middle Road and the westerly side of Paul's Lane; RUNNING THENCE South 21 degrees 41 minutcs 20 seconds East 65.01 feet; THENCE Easterly along the arc of a curve bearing to the left having a radius of 2989.79 feet a distance along said curve of 320.04 feet; THENCE South 29 degrees 36 minutes 20 seconds East 428.05 feet to the northerly side of Long Island Rail Road; THENCE South 58 degrees 29 minutes 10 seconds West along the northerly side of Long Island Rail Road 930.00 feet; THENCE North 40 degrees 15 minutes 00 seconds West 659.72 feet to the southerly side of Middle Road; THENCE North 68 degrees 18 minutes 40 seconds East along the southerly side of Middle Road 703.27 feet; THENCE Easterly still along the southerly side of Middle Road along the arc of a curve bearing to the left having a radius of2924.79 feet a distance along said curve of 45.00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real properly. FOR CONVEYANCING ONLY: Togetfær with all the right. title and interest oftfæ party of the first part, of in and to tfæ land lying in the street in front of and adjoining said premises. SCHEDULEA-J (DescriptiQn) . Doc ID: I 02032250 Tax Maps District 1000 1000 1"000 1000 1000 1000 Seeton 07400 07400 07400 07400 07400 07400 Block 0400 0400 0400 0400 0400 0400 Lot 004001 004002 004003 004004 004005 004006 . School District Sub Division Name SOUTHOLD SOUTHOLD SOUTHOLD SOUTHOLD SOUTHOLD - . The Suffolk County Real Property Ta.x Service Agency does not in any manner guarantee the completeness or accuracy of the information contained on this page A.._.._......... ............