HomeMy WebLinkAboutPeconic Land Trust, Inc (2)SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Ty~e of Instrument: EASEMENT/DOP
Nv-mber of Pages~ 16
Receipt Number = 05-0045271
TRANSFER TAX NUMBER= 04-38606
District:
1000
Deed~unount~
Recorded:
At:
LIBER:
PAGE=
Section~ Block~
059.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
04/27/2005
03=03:38 PM
D00012384
377
Lot~
020.001
Received the Following Fees For Above Instrument
Exempt
Page/Filing $48.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert.CoDies $0.00 NO RPT
SCTM $0.00 NO Transfer tax
Conun. Pres $0.00 NO
TRANSFER TAX NUMBER= 04-38606
THIS PAGE
Fees Paid
IS A PA~T OF THE INSTRUMENT
THIS IS NOT A BILL
$5.00
$1 .00
$0.00
$30.00
$0.00
$108.00
ExemDt
NO
NO
NO
NO
NO
Edward P.Romaine
County Clerk, Suffolk County
Number of pages
!!
TORRENS
Serial 49
Certificate #
Prior Ctf. 49
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
{ h:'-5; '.4d ·
-- ~ 7-- 7 :,;,X
Recording / Filing Stamps
31
FEES
Page / Filing Fee
Handling
TP-584
5. 00
Notation
EA-52 17 (County)
Sub Total
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
5. 00
Reg. Copy
Other
4 l~lStnct I Sfti'~oo7''~Z;7
Real
Property
Tax Service
Agency
Verification k~l -APR-O~<
Sub Total
Grand Total
I Lot~, ~gPt
1000 05900 0100 020001
6 [ Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
d
&,×
I
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointment
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 4/ of this instrument.
5
Community Preservation Fund
Consideration Amount
CPF Tax Due $ O
Improved
Vacant Land
TD /OO
In the Township of
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~r"db,'9 ¢-_~_ .~.~O~.z~cc'[g~ ~/~/¢& d~~" ' "-~maoe oy:
(SPECIFY TYPE OF INSTRUMENW)
71 Title Company Information
Title 49 ~5 -$ ~
, TD
TD
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 14~h day of
April, 2005, between PECONIC LAND TRUST, INCORPORATED, having its principal
office at 296 Hampton Road, Southampton, New York 11968 (hereinafter collectively called
"Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal
office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (hereinafter called
"Grantee").
~TRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property located in the
Town of Southotd, Suffolk County, New York, identified as SCTM #1000-59-1-20.1, more fully
described in SCHEDULE "A' attached hereto and made a part hereof and shown on the survey
prepared by Peconic Surveyors dated March 31, 2005, hereinafter referred to as the "Property";
and
WHEREAS, the Property is 0.67 acre and is located in the R-40 Zoning District of the
Town of Southold; and
WHEREAS, the Property is currently vacant open space; and
WHEREA& the Property is included in the Town of Southold Community Preservation
Fund, Communi~' Preservation Project Plan, as a parcel targeted for preservation under the
project area designated as Wetlands, Open Space and Scenic Areas; and
WHEREAS, the Property in its present scenic and open condition has substantial and
significant value as an aesthetic and natural resource since it has not been subject to any
development; and
WHEREAS, Grantor and Grantee recognize the value and special character of the region
in xvhich 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, natural, and scenic 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 Development Rights Easement to
Grantee in order to restrict the further development of the Property while permitting compatible
uses thereof;
NOW THEREFORE, in consideration of Fifty-Six Thousand ($56,000.00) Dollars and
other good and valuable consideration paid to the Grantor, the receipt of which is hereby
aclmowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon and shall restrict the
premises shown and designated as the Property herein, more particularly bounded and described
on Schedule "A" annexed hereto and made a part of this instrument.
TO HA VE AND TO HOLD said Development Rights Easement and the rights and
interests in connection with it and as hereinafter set forth with respect to the Property unto the
Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants, agreements,
provisions and use restriction hereinafter set forth, xvhich shall constitute and shall be servitudes
upon and xvith respect to the Property.
The Grantor, for himself, and for and on behalf of his legal representatives, successors
and assigns, hereby covenants and agrees as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the oxvner 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 Nexv York State and is authorized under
Section 64 of the Nexv York State Town Law and Section 247 of the Nexv York General
Municipal Lax,,' 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
preseIwation and retention of open spaces and natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural and scenic values of the Property and
have the common purpose of preserving these values. This Deed is intended to convey a
Development Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental, scenic, 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 Goverm-nental Recognition
New York State has recognized the importance of private efforts to preserve rural land in
a scenic, natural, and open condition through conservation restrictions by the enactment of
General Municipal Law Section 247. Similar recognition by the federal government includes
Section 170(h) of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights Easement that present
uses of the Property are compatible with the purposes of this Easement. In order to aid in
identifying and documenting the present condition of the Property's natural, scenic, agricultural,
and aesthetic resources and otherxvise to aid in identifying and documenting the Property's
agricultural values as of the date hereof, to assist Grantor and Grantee xvith monitoring the uses
and activities on the Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, a survey dated March 31, 2005, prepared by Peconic
Surv'eyors and an Environmental Site Assessment dated April l 1, 2005, prepared by Nelson,
Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises, undertakings, and
forbearances contained in this Development Rights Easement, the parties agree upon its
provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.0l Type
This instrument conveys a Development Rights Easement (herein called the "Easement").
This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights,
terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions, rights, terms and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and right to prohibit or
restrict the use of the Property for anything other than open space as that term is presently
referenced in §247 of the General Municipal Law and/or defined in Chapter 6 and Chapter 59 of
the Toxvn Code of the Toxvn of Southold (the "Code").
1.03 Duration
This Easement shall be a burden upon and mn with the Property in perpetuity.
1.04 Effect
This Easement shall mn 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
SALE
GRANTOR, for 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 enfome 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
Except as provided in Section 4.06, the construction or placement of residential,
commemial, industrial or other buildings, structures, or improvements of any kind or nature
(including, but not limited to mobile homes), pem~anent or temporary, on, over, or tinder the
Property, shall be prohibited. For purposes of this Easement, "structure" shall be defined as
anything constructed or erected on or under the ground or upon another structure or building,
including berms, driveways or walkxvays.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary to construct and
maintain permitted structures and improvements on the Property, shall be prohibited, without the
prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or
subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place,
nor shall the topography of the Property be changed except 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.
3.03 Subdivision
The Property may not be further subdivided pursuant to Toxvn Law Sections 265, 276 or
277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable
State or local law. "Subdivision" shall include the division of the portion of the Property from
which the development rights are acquired into two or more parcels, in whole or in part.
Notxvithstanding this provision, the underlying fee interest may be divided by conveyance of
parts thereof to heirs or next of kin by will or operation of law, or xvith xvritten consent of the
Purchaser.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials including, but not
limited to trash, garbage, 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 names and addresses of the occupants, (b) to temporarily advertise the Property or any
portion thereof for sale or rent, (c) to post the Property to control unauthorized entD' or use, or
(d) to mmounce Grantee's easement. Signs are subject to regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility poles, xvires,
pipes, wells or drainage and septic systems not already in place on the Property shall be
prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible,
be constructed within 30 feet of the centerline of roads or drivexvays, and must be used solely to
service the permitted structures.
3.07 Prohibited Uses
The use of the Property for any residential, commercial or industrial uses and structures
related to those uses, permanent or temporary, shall be prohibited.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or erosion or
pollution of any surface or subsurface waters shall be prohibited.
3.09 Drainaqe
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.
3.10 Development Riehts
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. The parties agree that one sanitary flow credit shall be transferred to the Town's
TDR Bank in accordance with Chapter 87 of the Southold Town Code. All other types of
development rights not transferable pursuant to Chapter 87 shall be terminated and extinguished
and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.0l 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 York, State,
or federal law.
4.04 Landscaping 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, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the property.
4.05 Structures
A. Allowable Improvements.
Grantor shall have the right to erect and maintain the following improvements on the
Property xvith the prior written approval of Grantee, and as such approvals may be
required by the Town Board of the Town of Southold and the Town Land Preservation
Committee or its successor committee. These structures and improvements include:
(i) Underground facilities used to control storm~vater runoff;
(ii) Fences, if placed so as not to block or detract from the scenic viexv; and
(iii) Trails for non-motorized vehicles or foot traffic only.
B. Environmental Sensitivity During Construction.
The use and location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such improvement shall
minimize disturbances to the enviromnent. Grantor shall employ erosion and sediment
control measures to mitigate any storn~ water runoff, including but not limited to minimal
removal of vegetation, minimal movement of earth and minimal clearance of access
routes for construction vehicles.
4.06 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 and open space values, which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in Section 4.05 herein.
Grantor shall provide Grantee with complete documentation including information on the need
for and use of such structures, and architectural plans of any proposed structures, which are
subject to Grantee's approval. The request for approval shall describe the nature, scope, location,
timetable and any other material aspect of the proposed improvement or activity in sufficient
detail to permit Grantee to evaluate the proposal.
Approval, disapproval or comments of Grantee shall be given to Grantor within 45 days
after all necessary documentation and information is submitted to Grantee. If, after 45 days,
Grantor has not received any response from Grantee to such submission, then Grantor shall
notify Grantee in writing that it has not received any response to such submission. If Grantee
fails to respond to such second notice within 10 days thereafter, then Grantee shall be deemed to
have approved Grantor's proposed action or request.
Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor
must also obtain any required governmental approvals for the action.
Prior to the construction of those improvements or the exercise of the activities approved
by Grantee in accordance with this Section 4.05 hereof, Grantor agrees to notify Grantee in
writing of the intention to exercise such approval. The notice shall describe the nature, scope,
location, timetable, and any other material aspect of the proposed construction or activity in
sufficient detail to permit Grantee to monitor such construction or activity. When such
information was not previously provided to Grantee under the requirements of this Section 4.06
hereof, the notice shall also include information evidencing the conformity of such construction
or activity with the requirements of the applicable Sections under xvhich the right is reserved
hereunder.
4.07 Alienability
Grantor shall have the right to convey, mortgage or lease all 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 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 affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and other governmental or
municipal charges, which may become a lien on the Property, including any taxes or levies
imposed to make those payments. The failure of Grantor to pay all such taxes, levies and
assessments and other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or
independent contractors arising from the physical maintenance or condition of the Property or
from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall
be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments, or expenses to Grantee or any of its officers, 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.
5.04 Grounds Maintenance and Annual Mowing Requirement
The Grantor shall continue the current modes of landscaping, pruning and grounds
maintenance on the property. Grantor shall remove or restore trees shrubs or other vegetation
when dead, diseased, decayed or damaged, and thin and prune trees as needed to improve the
appearance of the Property. In the event Grantor fails to comply with the provisions of this
section after reasonable notice is given to Grantor by Grantee, then, in addition to all other
remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property
to perform such maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
6.0l 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 enjo3qnent
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 purposes, except as provided in Section 5.04, or to permit access upon the
Property by the pnblic.
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 may be 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 fifteen (15) 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
presetwe and protect any of the open space values or other~vise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's
election,
(i)
To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to terminate or cure
such breach, default or violation and/or to cause the restoration of that portion of
the Property affected by such breach, default or violation to the condition that
existed prior thereto, or
(iii)
To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure 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 xvith respect to any other breach,
default or violation of any term, condition, covenant or obligation under this
Easement.
6.04 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 6.04. Mailed notice to Grantee shall be addressed to its
principal office, recited herein, marked for the attention of the Supervisor and the Toxvn
Attorney, or to such other address as Grantee may designate by notice in accordance with this
Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or
the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the
effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in
exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinguishment/Condemnation
This Easement gives rise to a property right and interest immediately vested in the
Grantee. For purposes of this Section 6.06, the fair market value of such right and interest shall
be equal to the 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". The Proportionate Share of this Easement is
94.5% as based on the Grantor's appraisal dated April 12, 2005.
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 as 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 poxver 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 poxver of eminent domain by public
corporate, or other authority, or other~vise acquired by such authority tlu:ough 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 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 6.06 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
MISCELkANEOUS
7.01 Entire Understandin~
This Easement contains the entire understanding betxveen 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 is made with the intention that it shall qualify as a Conservation Easement
in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this
Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of
Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if
such amendment or amendments had been set forth herein.
This Easement may be amended only with the written consent of Grantee and current
Grantor. Any amendment to this Easement must be approved by the Suffolk County Department of
Health Sev,'ices, as the Easement involves a transfer of one (1) Sanitary Flow Credit. Any such
amendment shall be consistent with the Purpose of this Easement and shall comply with the Town
Code or any regulations promulgated thereunder. Any such amendment shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated except pursuant to
Section 3.10 of this Easement and the provisions of Chapter 59 of the Town Code of the Town of
Southold, upon the adoption of a local law authorizing the alienation of said rights and interest,
by a majority vote of the Town Board of the Toxvn of Southold, following a public hearing and,
thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the To~vn Code shall alter the limitations placed
upon the alienation of those property rights or interests, which xvere acquired by the To~vn prior
to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is determined to be
invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead,
that provision shall be reduced or limited to whatever extent that court determines will make it
enforceable and effective. )my other provision of this Easement that is determined to be invalid
or unenforceable by a court of competent jurisdiction shall be severed from the other provisions,
which shall remain enforceable and effective.
7.05 Governing Laxv
New York Law applicable to deeds to and easements on land located within Ne~v York
shall govern this Easement in all respects, including validity, construction, interpretation, breach,
violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party's attorney. No
alleged ambiguity in this Easement shall 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, nor shall be interpreted to grant, to the public
any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this Easement shall survive its
execution.
7.09 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 Headings
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 Development Rights Easement on the day and year set forth
above.
A CKNO WLEDGED AND ACCEPTED:
PECONIC LAND TRUST, INCORPORATED (Grantor)
By:
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD (Grantee)
BY~ ~t ,~/~...,..~
Jo~ua Y. Horton
~pervisor
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS:
On this 14th day of April, in the year 2005, before me, the undersigned, personally
appeared TIMOTHY CAUFIELD, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her'their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
b ~'/r I5 KAREN J HAGEN
~ NOTARY PUBLiC.'State of New York
No. 02HA4927029 _
Oualllied in Suffotk County
Commission Expires March 21, 20~/g~
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
On this 14th day of April, in the year 2005, before me, the undersigned, personally
appeared JOSHUA Y. 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
acknoxvledged 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
'~~taryT~stmnlent' ~
~
ublic
N_. KIE._RAN M. CORCORAN
orary.~blic, State of New Yo~k
no. 02C06119838
Qualified n Suffolk County ., ,4
COmmission Expires December 6, 20 U.._~
SCHEDULE "A'
DESCRIPTION
ALL those certain two pieces or parcels of land, situate, lying and being in the
Toxvn of Southold, County of Suffolk and State of New York, bounded and described as
follows:
BEGINNING at a point on the northwesterly side of Lake Drive where the same
is intersected by the easterly end of a curve connecting the northwesterly side of Lake
Drive with the northeasterly side of West Drive;
RUNNING THENCE northwesterly along said cun'e bearing to the right having
a radius of 25 feet, a distance along said curve of 30.98 feet;
RUNNING THENCE along the northeasterly side of West Drive north 38
degrees 32 minutes 40 seconds west 100.19 feet now or formerly of "Subdivision Map
made for Constantine P. Georgiopoulous";
THENCE along said land the following three (3) courses and distances:
1)
2)
3)
North 45 degrees 35 minutes 30 seconds east 139.30 feet;
South 44 degrees 24 minutes 30 seconds east 25.00 feet;
North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or
formerly of Edna Benedetto and Donald Seaman
THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36
feet to the northwesterly side of I~ake Drive;
THENCE along said northxvesterly side of Lake Drive, the following txvo (2)
courses and distances:
1)
2)
Northwesterly along an arc of a curve bearing to the right having a radius
of 266.66 feet, a distance along said curve of 52.54 feet;
South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or
place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and
to the land lying in the street in front of and adjoining said premises.
BEING AND INTENDED TO BE the same premises conveyed to Peter F.
Harper by deed recorded in the Suffolk County Clerk's office in Liber 12170 at Page 297
and then conveyed to the party of the first part by deed dated April 14, 2005, and
submitted for recording to the Suffolk County Clerk's office simultaneously this date
with deed of development rights easement.
ALTA OWNERS POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSI~RANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by 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 pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the
extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized
officers as of the Date of Policy shown in Schedule A.
ST ENYART TITLE®
Secretary
EXCLUSIONS FROM COVERAGE
To[h:e Mlowing mottem ore expressly excluded From the coverage o[ this policy and the Company will not pay loss o derange, costs, oHorneye' foes or expenses which arise by renson
1. (o) Any Iow, ordinance or governmental regoJntion (including hut not limited to building DUd zoning lows, o~dinonces, or regular one) estriding, regulating, prohibiting or
relating to ( ) the occupancy, use, or enjoyment of the loud; (ii) the chorocier, dimensions or Iocetion of eny improvement now or hereafter ereded on the land; (iii) o separation in
ownership or e change in the dimensions or urea of the land or any pomel of which the land is or was n pod'; or (iv) euvironmenM protection, or the e[fe¢ of any violation of these
Inw~, ordinances or gave omen o egulotions, except to the extent that o notice of the enforcement thereo or o no ce of o de eot, lien or encumbrance resolting from o violation or
alleged vMotion affecting the land hoe been recorded in the public records at Dore of Policy.
Cb) Any governmental police power not excluded by (o) above, except to the extent that o notice of the exemise thereof or o notice of o deject, lien or encumbrance resulting
from a violntion or alleged violation affeding the land has been recorded in the public records at Date of Policy.
2. Rights of enlinent domain unless nntice of the exerdse thereof has been recorded in the public reolrds ai~ Dote of Policy, but not excluding flom coverage any taking which has
occurred prior re Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defeds, bees, encumb antes, adverse claims Or ether malters:
Ca) created, suffered, assumed or ngreed to by he nsu ed claimant;
Cb) not known o the Company, not recorded in the public records at Date of Policy, hut known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an nsu ed under his policy,
Cc) resulting in no less or damage to he insu ed claimant;
Cd) aHaching or created sobsequen to Date of Policy; or
Ce) resulting in loss or damage which would not hove been sustained if the insured claimant had paid value For tho estate or interest insured by this policy.
4 Any claim whicb arises out of the transaction nesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bnnkruptcy, state
insolvency, or similar creditors' rights law~, that is based on:
Ca) ~hetransacti~ncreatingtheestate~rinterestinsumd~yth~sp~~icybeingdeemeda~raudu~en~c~nvey~nce~ auduenttansfer:or
Cb) the transaction creating the estate or interest insured by this policy being deemed a preferontinl transfer except where the preferential transfer results frnm the faiiure:
(i) to timely record the ins omen of transfer; or
(ii) of such recordation 1o impod notice to a purchaser for value or o iudgment or lien creditor.
0-8831-328435
NY-O01 I10 17 92)
~uommD
~ql Ol SLmO6~lqo pL,~ AJ~l&qrdj ilO 'eoHdo Siql in /,L~MIIJO) ~tl~ ~'1 ~,:,,~., ~'l]
'8)UDmSUl Je iunomV eqHo lue~Od J~pus[ m ADd o[ ~,,:
']9~0 ~0 SSO1 JO JOO]d
'B'l'qql Auu fiUlpnl)LI[ '3lBmtUHl []Bll~/)q,~O ~[1 ~pu,n p~Hn<tH "~1~ ~ ~lull~f"lq',
aH* 'uOHm~Ooo~ po,r, bo] aq~ ,ISmtr,t Ol p~mqu~ oq~ p .~,,[H~t ~'1[ ~'1 ~.~[,~l~l,I ~
IIDgS'*suadxo s,,~uMmo) oqllb p~lnSU~ ~ql ',hIBGLtlO) OIH ~q p~tsbnb~ ~.',ouCtl~[
SD OSUO}ap D pOSOOlO*d~ ~0 ~Ol~D UO ~q6no]q OAmI IIDH~ ,XuMmO) q] ~O",~U~,lp,[
X*,l,qbll agd)~JC,, ;,j)leLU pH~ IJOt[S pL[O ~oimlia,,~Li ~[]b,, .
qW~l]l JO NOI[INI]]O
SNOI.LV'IfldlJ.$ ONV 8NOI.11ONO3
Phone:
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melville New York 11747
(631) 501-9615 Fax: (631) 501-9623
Date: April 13, 2005
Title No: 25-S-0608
Melissa A. Spiro
Town of Southold - Land Preservation
53095 Route 25
P.O. Box t 179
Southold, New York 1 I971-0959
RE: Borroxver/Current Owner:
Preservation (developmental rights)
Premises:
Reference:
Peconic Land Trnst (fee title) and Southold Town Land
1920 Lake Drive
Southold. New York 11971
In reference with the above captioned transaction, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
ALTA OWNER'S POLICY
SCHEDULE A
Title No.: 25-S-0608
Date of Policy: April 14, 2005
Policy No.: 0-8831-328435
Amount of Insurance: $56.000.00
1. Name of Insured: Count,: Suffolk
Peconic Land Trust (fee title) and Southold Town Land Preservation (developmental rights)
2. The estate or interest in the land described herein and which is covered by this policy is:
Easement
3. Title to the estate or interest in the land is vested in:
Peconic Land Trust {f~e title) and Southold Town Land Preservation (developmental rights), xvho
acquired development rights by virtue of a easement from Peter F. Harper, dated and to be recorded in
the Suttblk Cotmty Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000
Section: 059.00
Block: 01.00
Lot: 020.001,
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company
Title No: 25-S-0608
Policy No.: 0-8831-328435
Schedule A Description
ALL those certain two pieces or parcels of land, situate, lying and being in the Toxvn of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Lake Drive xvhere the same is
intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with
the northeasterly side of West Drive;
RUNNING THENCE northwesterly along said curve bearing to the right having a radius
of 25 feet, a distance along said curve of 30.98 feet;
RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32
minutes 40 seconds west 100.19 feet now or formerly of"Subdivision Map made for Constantine
P. Georgiopoulous";
THENCE along said land the folloxving three (3) courses and distances:
North 45 degrees 35 minutes 30 seconds east 139.30 feet;
South 44 degrees 24 minutes 30 seconds east 25.00 feet;
North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna
Benedetto and Donald Seaman
THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the
northwesterly side of Lake Drive;
THENCE along said northwesterly side of Lake Drive, the following two (2) courses and
distances:
Northxvesterly along an arc of a curve bearing to the right having a radius of 266.66 feet, a
distance along said curve of 52.54 feet;
South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING.
ALTA OWNER'S POLICY
SCHEDULE B
Title No.: 25-S-0608 Policy No 0-8831-328435
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees
or expenses) ,vhich arise by reason of:
1. Variation between Record Description and the Land and Tax Map.
2. Policy will except the terms and conditions of the Grant of Development Rights Easement / Conservation
Easement to be executed by the grantor and the Southold Town Land Preservation.
3. Subject to water charges, if any.
4. Survey made by Peconic Surveyors, P.C., dated 03/31/2005, shows premises as unimproved vacant land. (a)
Edge of wetlands and wetlands shown thereon. No variations or encroachments shown.
4613 (2/93 Page 3
STEWART TITLE
INSURANCE COIqPANY
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
Title No.: 25-S-0608
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
ATTACHED TO AND MADE A PART OF POLICY NUMBER
O-8831-328435
l. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory, lien for services, labor or material furnished prior to the date hereof, and which has now gained or which
may hereafter gain priorit5, over the estate or interest of the insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also
cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signato~', is made a part of the policy and is subject to the Exclusions
from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereofi
Signed on April 14. 2005
STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company .~ ,al &qg~'
Signed by:
Authorized Office or Agent
Stewart Title Insnrance Compan> ~. ~ ~
125 Baylis Road Suite 201
Melvilie~ New York 11747
Agent No.: 327005 S~reta~
STANDARD NEW YORK ENDORSEMENT (9/I/93)
FOR USE WITH ALTA OWNER'S POLICY (10/17/92)
CONDITIONS)ND s'rlPULATIONS Conti,~ued
(continued and concluded frc~m ~'everse aide of Policy Face)
Upon the exercise by the Company of either of the options provided for iu Darog,aphs
(b)(i) or (ii), the Company's obligations to the insured under this policy for lhe claimed lies or
damage, other than the payments required Jo be made, shall leaninate, iucludim ally
Jiabilily or obligation to defend, prosecute of continue any litigation.
1. Dfi'E~INATION, EXTENT OF LIABILI~ AND COINSURANCE.
This policy is c contract of indemnil~ against actual monetary loss or damage '~esl lined
or incurred by the insured claimant who has sefl~ered loss or damage hy reasen o[ iii ittare
insured against by this policy and only to the extenJ herein described.
Co) ghe liabilily ef the Company under this policy shall not exceed lhe least at (i) the Amounl aC Inserance staled ?n Schedule A; or
(ii) Jhu difference between the value of the insured eslaJe or imemsl as iu~umd
and the value of the ~nsered estate or inlmest subject to the defect, lieu or eocumhrance
insured against by this policy
Ch) In the even~ the Amount of Insurance stated in Schedule A ut [he Date nC Po icy is
less than 80 perceul aC lhe value aC lhe insured estate or interest or the full consideratm~ prod
[ur the estate or interest, whichever is less, or i[ subsequent [o [he Date of Policy an
improvement is creeled on the land which increases the value aC the insured esJa[e or inmrest
by at least 20 percent over the Amounl of Insurance slaJed in Schedule
subject to the following:
(i) where no subsequent improvement has been made, os to any partial los,, the
Company shall nnJy pay the loss pro rata in the proportion that the amount of insurance at
Date of Policy bears to the total value of the insured estate or interest at Date of Policy; cr
(ii) where a subsequent improvement has been mode, as to any partial los,, the
Company shah only pa,/the loss pro rata in the proportion that 120 percent of the Ammmt aC
Insurance stated in Schedule A bears to the sum of the Amounl of Insurance stated in
Schedule A and Jhe amount expended fur the improvement.
The provisions of this paragraph shad not apply to costs, attorneys' Cues and expenses for
which the Company is liable under this policy, and shall only apply to that portion of any loss
which exceeds, in the aggregate, 10 percent aC the Amount of Insurance stated in Schedule A.
Cc) The Company will pay only those costs, attorney's fees and expenses incurJed in
accordance with Section 4 of these Conditions and Stipulations.
8 APPORTIONMENT.
If the land described in Schedule A consist u[ I~o ur more parcels which are not u!ed as
a siugle site, and a lost is eslablished a[fecting one or more of the parcels but not all, Jhe loss
shall be compaJed and setiled on a pro rata basis as if the amounl aC insurance under this
policy was divided pro rate as to the value on Date of Policy u[ each separate parcel ~a the
whale, exclusive aC any improvemenls made subsequent to Date of Pohcy, unless a babiliiy or
value has otherwise beml agreed upon as to each parcel by lhe Company and the insured at
the hme of the issuance of lhis policy and showu by an express statemenl or hy an
endomement attached to this policy.
9. LIMITATION OF LIABILI~.
Ca) If the Company establishes the liDe, or removes ~he alleged defect, lien or
encumbrance, or cures the lack of a right of access to or fram the land, or cures the claim of
unmarketabilih/of title, all as insured, in a reasonably diligent manner by any method,
including litigation and the completion aC any appeals therefrom, it shall have fully per[nrmed
its obligations with respect to that matter and shall no[ be liable for any loss or damage
caused thereby.
Cb) In Jhu evenl aC any litigation, including litigation by the Company or web the
Company's consent, the Company shall have no liabiUty for loss or damage unJg there has
been a final detemlinution by a court of competenl jurisdiction, and disposition of all appeals
therefrom, adverse Jo the lille us insured.
Cc) The Company shall aot be liable for loss or damage Io any insured for linhiliw
volantardy assumed by the insured iu seltling any claim or suit withoaJ Jhe prior written
cunsenl aC the Compauy
10 REDUCTION OF INSURANCE; REDUCflON OR TE~INATION OF LIABILI~.
All paynmnts under this policy, except paymenls made for costs, attorneys' fee! and
expense& shall reduce the amount of the insurance pro
11 LIABILI~ NONCUMUIJ~TIVE.
I1 is expressly understood lhal Jhu amount aC insurance under this policy shall be reduced
by any amount lhe Company may pay under any policy insuring a mortgage to ~/hich
e~ception is taken in Schedule B or to which the insured has agreed, assumed, or taken
subject, or which is hereafter executed by all iusered and which is c charge or lien on the
eslate or ?merest described or referred to in Schedule A, and the amount so paid shufl be
deemed a payment under this policy to the msemd owner.
12. PAYMENTOF LOSS.
Co) No paymeut shall be made without producing this policy for endorsement of the
payment unless the policy has been lacs or destroyed, in which case pmof of Jo~s or
destmctmn shall be furnished to the sahsfaction of the Company.
(k) Wbea I,ohihh/and the extent of loss or damage has been definitely fixed in
nLserdunco with these Conditions and Stipulations, the loss or damage shall be payable
v~tlliu 30 days thereafter
] 3. SiJBRO6ATION UPON PAYMENT OR SE'ITLEMENT. Cc) The ComRan'/s Right of Subrogation.
~henever the Company shall have settled and paid a claim under this palicy, all right of
?ahrog ]tion shall ~ ,:t ,~] the Company uaaffected by any act eF the insured cJaimant
The Compan~ g,ull be sehrogated to ond he entitled to all rights and remedies which the
iusumc clabnmrt w,uld have had against ony person or properly in respect Jo the claim had
Ih,s pohcy nnr heee ,sseed. If requesled by lhe Company, rhe insured claimant shall ttonsfer
to lhu Company all ~ights and remedies against any person or prope~ necessary in order to
per~ect lhi~: nght o seb~ugaJion. The insured cJaiman~ shall permit the Company to sue,
compromise or sallie in the name of the insemd claimaut and to use the name o[ the insured
claimmlt in auy truu~acqon or litigation involving these rights or remedies.
If o payment c,a accounl aC a claim does aot [ully cove~ the loss of the insured claimanh
the Coolpany shall be sobmgaJed to lhese righl~ and remedies in the proportion which the
Company's payment hears lo the whole amount of the loss
If loss should result from any act aC the insured claimant, as stated above, that act shall
aot void this policy, bUT the Company, in that event, shall be required to pay only that part of
any losses insured against by this policy which shall exceed the amount, if any, lost to
Company by reasou of the impairment by the insured claimant aC lhe Company's r;ght of
subrogation.
Cb) The Company's IJights ~oinst Non-insured Obligom.
The Company's righJ of subrogation against non insured obligors shall exist and shall
include, without limitation, the rights of the insured to indemnities, guaranties, other policies
of insorance or bonds, noiwithsJanding any [amis ar conditions contained in those
instruments which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may demand
arbitration pursuant to the Pitle Jnserance Arbitration Rules of lhe American Arbitration
Asseciotion Arbitrable matters may include, bul are no~ limOed to, any controversy or claim
betwe6n lhe Company and the insured arising oat of or relating to this policy, any service of
the Company in connedion wOh ~ts issuance or [he breach of a policy provision or other
ohbgalion. All arbitrable malters, when the Amoanl of Insurance is S1,000,000 or less shall
be arhdraled aC lhe option of either the Company or the insured. All urbOrable ma~ers when
the Amount of Inse~ance is in excess aC SI,O00, O00 shall be arbitrated only when agreed to
by both lhe Company and [he insured Arbitratiou pursuant to this policy and under lhe Rules
in effect au the data the demand [m crbOraJion i~ made or, al lhe option of the insured, the
Rules in e[fecl al Date of Policy shall be binding upon tile parties. The award may include
attorneys' fees only if the laws of ~he state m which the land is located permit a court to
award attorneys' Cues Io a prevaigng par~. Judgmenl upon the award rendered by the
Arbitrator(s) may be entered in any court having lurisdiction thereof
Tile law of [ha situs of the land shall apply to an arb~traqon under lhe Tide Insurance
Arbitration Rules.
A copy aC lhu Rules may be obtained from the Company upon request.
15. LIABILI~ LIMITED TO Tiffs POUCY; POLICY ENTIIJE CONTIJACT.
(u) This policy [ogether with all endorsemeuts, if any, attached hereto by [he Company
is lhe entire policy and contract belween the insured and the Company. In interpreting any
provisian aC this policy, this policy shall be construed us a whole.
Cb) Any claim of loss or damage, whether or not based on negligence, and which arises
oul aC the sJo[us of the t?tle to the estate or interesl covered hereby or by any adion assed'ing
such claim, shall be restricted Jo this policy.
Cc) JJo amendment of or endorsement to this policy can he made except by a writing
endors.~d hereon or oltached hereto signed by eOhur the President, a Vice President the
Secrekay, an Assistant Secretary, or validating off~cer or authorized signatory of the Company.
16 SRVERABILI'ff.
D the even1 any provision of the pohcy ~s held invalid or unenforceable under applicable
law, the policy shall be deemed nor to include JhaJ provision and all oJhm provisions shall
remain m full [orca and erred.
17 NOTICES, WHERE SENT.
All notices required to be given the Compauy and any statmnent in writing required Io be
furmshed Jhe Company ~hall include the number of ~his policy and shall he addressed re the
Company at 300 Eas142nd Street, New York, New York 10011
ST E~VART TITLE~
CLOSING STATEMENT
PECONIC LAND TRUST (Peter F. Harper)
to TOWN OF SOUTHOLD
SCTM #t 000-59-1-20.1
Development Rights Easements = 0.67 acre
Premises: 1920 Lake Drive, Southold
Bargain Sale - $56,000.00
Closing took place on Thursday, April 14, 2005
at 12:00 noon, Conference Room of
Stewart Title Insurance Company branch office,
755 East Main Street, Riverhead, New York
Purchase Price of $ 56,000.00 disbursed as follows:
Payable to Peconic Land Trust
Check #79960 (4/14/05)
Expenses of Closing:
Appraisal
Payable to Given Associates
Check #81138 (4/26/05)
Survey
Payable to Peconic Surveyors, P.C.
Check #81208 (4/26/05)
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
Check #81366 (5110/05)
Title Report
Payable to Stewart Title Insurance Co.
Check #79961(4/1~05)
Feeinsurance
Recording deed
Recording easement
$ 535.00
$ 200.00
$ 250.00
$ 56,000.00
$ 1,800.00'
$ 1,450.00'
$ 1,250.00*
$ 985.00
Title Closer Attendance Fee
Payable to Karen Hagen, Esq.
Check #79959 (4/14/05)
$ 100.00
*not paid at time of closing
Those present at Closing:
Susan Tuffs, Esq.
Timothy Caufield
Marian Sumner
Peter F. Harper
Rose Prestia-Cascado, Esq.
Patricia Finnegan, Esq.
Melissa Spiro
Melanie Doroski
Karen Hagen, Esq.
Attorney for Peconic Land Trust
Vice President, Peconic Land Trust
Director of Conservation Programs, PLT
Seller (to Peconic Land Trust)
Seller's attorney
Southold Town Attorney
Land Preservation Coordinator
Administrative Asst, Land Preservation
Title Company Closer
TOWN OF SOUTHOLD
53095 MAIN ROAD
$OUTHOLD, NEW YORK 11971-0959
FIFTY SIX THousAND AND 00/100 DOLLARS
DATE
04/14/2005
79960 $56,000.00
PAYTO PECONIC LAND TRUST, INC.
THE 296 HAMPTON ROAD
ORDER
OF PO Box 1776
soUTHAMPTON NY 11969
"'o?qqEo"' ~:08
VENDOR 016140 PECONIC LAND TRUST, INC.
04//14/2005 CHECK
79960
FNAID & ACCONNT p . 0 . #
H3 .8660.2.600.100
INVOICE
041405
DESCRIPTION
DEV RTS/HARPER .67
TOTAL
AMOUNT
56,000.00
56,000.00
TOWN OF SOUTHOLD · SOUTHOLD NY 11971-0959
-GIVEN
AS~OCJ~7;$
PATRICK A. GIVEN, SRPA
box 5305 · 548 route 111 · hauppauge, n.y. 11768-0306
(631) 360-3474
FAX 360-3622
April 12, 2005
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
Property of Peter F. Harper, S.C.T.M. #1000-59-1-20.1
Located Northwesterly of Lake Drive, Southold, NY
File~f 2005070
APR 13 2005
DEFT OF LAND
PR£SERV~BON
$1,800.00
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 007416 GIVEN ASSOCIATES LL
JE Date Trx. Date Fund Account
...........................- - Begi
,. 4/12/2005 4112/2005 H3 .600
,, 4/12/2005 4/12/2005 H3 .600
., 4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
~i 4726/2Q05 4/26/2005 H3 .600
., 5/10/2005 5/10/2005 H3 .600
., 5/10/2005 5/10/2005 H3 ,600
Select Record(s) or Use Action Code
: Account., H3 .600
:Acct Desc ACCOUNTS PAYABLE
: Trx Date ..... 4/26/2005 SDT
: Trx Amount... 1,800.00
: Description., APPRAISAL-HARPER
: Vendor Code.. D07416
: Vendor Name.. GIVEN ASSOCIATES
: Alt Vnd..
: CHECK ........ 81138 SCNB
: Invoice Coda. 2005070
: VOUCHER ......
: P.O. Code .... 13906
: Project Code.
Disburs Inquiry by Vendor Name
............. Detail--GL100N ..............
W-O4262005-67D Lsne. 194 Formula: 0 :
: Final Payment F Liquid.
: Type of 1099. M BOX. Addl.
: Fixed Asset,. Y
: Date Released 4/26/2005
: Date Cleared. 4/90/2005
: F3=Exit F12=Cancel
:
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
Proper~y: 05090 Project:
Harper Property
Manager: McGinn, Steven
VAO1771
To:
Town of Southold Debt of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melissa A Spiro
Invoice #: 3180
Invoice Date: April 19, 2005
mAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,250. O0
Contract Item #1: Prepare Phase I Environmental Site Assessment
Work Performed: 3/31 thru 4/6/05
Contract .Amount: $1,250.00
Percent Complete: 100.00%
Fee Earned: $ 1,250.00
Prior Fee Billings: $0.00
Current Fee Total:
$1,250.00
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor-. 014161 NELSON, POPE & VOOR
dE Date Trx. Date Fund Account
......................... Use Acti
5/10/2005 5/10/2005 H3 .600
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-05102005-771 Line: 209 Formula: 0 :
: Account.. H3 °600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 5/10/2005 SDT 5/10/05 :
: Trx Amount... 1,250.00 :
: Description.. HARPER/PHASE i REPORT :
: Vendor Code.. 014161 :
: Vendor Name.. NELSON, POPE & VOORHIS, :
: Alt Vnd.. :
: CHECK ........ 81366 SCNB :
: Invoice Code. 3180 :
: VOUCHER ...... :
: P.O. Code .... 13904 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 5/10/2005 :
: Date Cleared. :
: F3=Exit F12=Cancel :
APR-19-8005 08:86 FROM:PECONIC SURVEYORS. P (6]1) 765-1797 T0:7656640 P.1
PE___~CONIC ~qURVEYORS,
P.O. Box 909
1230 Traveler Street
Sou~old~ N.Y. 11971
APRIL I9TH, 2005
MS.M. DOROSKI
TOWN OFSOUTHOLD
P.O. BOXlI79
SOUTHOLDNY 11971
~~ES RENDk~-D, -- -
AMENDED
INVOICE
~RE: HARPER TO TOWN O.F,SOUTHOLD
SURVEY $950.00
MONUMENTS (3) 300.00
_TOTAL: $1~250.00
JOB ~4)S-144
SUFF_OLK~ .COUNTY TAX MAP NO:
100o-59.01.2o.1
BALANCE DUE UPON COMPLETION
OF SURVEV --
1 9 2005
0EH. OF k~ND
PRESERVATION
G~108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 016144 PECONIC SURVEYORS,
.Y,
JE Date Trx. Date Fund Account
......................... Use Acti
7/31/2001 7/31/2001 H3 .600
8/28/2001 8/28/2001 A .600
6/03/2003 6/03/2003 H3 .600
12/02/2003 12/02/2003 H3 .600
3/23/2004 3/23/2004 H3 .600
5/04/2004 5/04/2004 H3 .600
5/04/2004 5/04/2004 H2 .600
11/30/2004 11/30/2004 H3 .600
4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
CANNOT FORWARD. END OF FILE
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-04262005-670 Line: 344 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 4/26/2005 SDT 4/26/05 :
: Trx Amount... 950.00 :
: Description.. SURVEY-HARPER-.67 ACRES :
: Vendor Code.. 016144 :
: Vendor Name.. PECONIC SURVEYORS, P.C. :
: Alt Vnd.. :
: CHECK ........ 81208 SCNB :
: Invoice Code. 05-144 :
: VOUCHER ...... :
: P.O. Code .... 13903 :
: Project Code. :
: Final Payment F Liquid. :
: Type o? 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 4/26/2005 :
: Date Cleared. :
: F3=Exit F12=Cancel :
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 016144 PECONIC SURVEYORS,
.. 8/28/2001 8/28/2001 A .600
.. 6/03/2003 6/03/2003 H3 .600
.. 12/02/2003 12/02/2003 H3 .600
.. 3/23/2004 3/23/2004 H3 .600
.. 5/04/2004 5/04/2004 H3 .600
5/04/2004 5/04/2004 H2 .600
11/30/2004 11/30/2004 H3 .600
4/26/2005 4/26/2005 H3 .600
iYi 4/26/2005 4/26/2005 H3 .600
JE Date Trx. Date Fund Account
......................... Use Acti
7/31/2001 7/31/2001 H3 .600
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-04262005-670 Line: 345 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 4/26/2005 SDT 4/26/05 :
: Trx Amount... 300.00 :
: Description.. 3 CONCRETE MONUMENTS :
: Vendor Code.. 016144 :
: Vendor Name.. PECONIC SURVEYORS, P.C. :
: Alt Vnd.. :
: CHECK ........ 81208 SCNB :
: Invoice Code. 05-144 :
: VOUCHER ...... :
: P.O. Code .... 13903 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 4/26/2005 :
: Date Cleared. :
: F3=Exit F12=Cancel :
RightF&x 4/13/2005 9:40 PAGE 002~002 Fax Server
title insurance company
125 Bay[is Ro~d, ,~ite 201
MeM/le, ~ I1747
E31-501-96~ 5 f~c 651-~01~623
www.stewa ~itlemelvilk~.com
755 East Mai~ Street
R/ve~ea(/, NY ! l~f
67d-727-4470 fmc 651-501-9623
NYSE: STC
uvvolcE
TITg~E NQ.: 25-S-0608
APP~T: Tow~ ~f S~u~old - ~nd
P~MISES: t~0 La~ Drive~
Southold. New York 11971
Dbtri~: 1~0 ~on: 059.00
P~SE~O~O~R: Peconic ~nd Trust (fee title)
and Sou~o]d Town Land
Pr~e~ation (developmental
CLOSING DATE: ~' , .
Block: 01.00 . Lot: 02,0.001
Foc Insurance $56,~00.00 $535.00
Mortg~
~c ~s~ ......
~pa~en~l S~rch~ ~o~1)
.?Day ~s~ioa
N~ S~ By: A) En~tl (8.1) (429). $25.~
S~ ~m~i~ Ch~e x B) W~ver ~431 ) - $25.~
Endo~emenn (~e ~hedule) C) ~ (420) - $25.~
~do~meot To~: D) Rcslden6d (436) - $25.~
, ~u~ Endo~t * ~ E) Rcvolv~g C~it (4~) - *
~ketV~ue~dor** x F~S~402)- *
~CO~G~s):D~(s): $2~.~ G)~9(401)- *
Mo~s): ~ H) M~ct V~OC Rid~ (408) - **
S~is~on~sy: ~~ ~)..
s o.0o [ *
~S Tr~fg T~ (a~uflly p~d by seller)
~ ~T P~onic Ba~ Tjx DEP~T~AL FEES ~r lot)
Mogg~e T~ - ~oag~or) a) C/O -
~er Exc~$c ~ _ ~ .... d) ~-
- To Pay I 0 Full Residen~ -
E~row Sc~'ice C~8c ($50.00) I ~) Full Co~crci~ - '
Subject to change~verification at dosin SOCIAL SECURIFY NUIvlBERS: (IvLMNDATORY):
BUYER(s):__
RECEIPTS
DIRECT CHECKS: AMOIIN 1: SEIC CHECKS: AMOUN'[:
The recording/filing fees referenced on this invoice include Stewart Titles fees for processing the subject recordings/filings
TOX~'N OF SOUTIIOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
NINE HUNDRED EIGHTY FIVE _~¢qD 00/100
04/1.i/2005
DOLLARS
PREPAID 4/14[05
.0.079961
CHECKNO. AMOUNT
79961 $985.00
PAY TO
THE
ORDER
OF
STEWART TITLE INSUP~2JCE CO.
125 BAYLIS ROAD, SUITE 201
MELVILLE NY 11747
,'O?qq~,kll' ,:O ;: ],l~051,~hl: ~% DO0001, O~'
VENDOR 019624 STEWART TITLE INSUR3tNCE CO. 04/14/2005
CHECK 79961
FUND & ACCOUNT P.O.# INVOICE
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660.2.600.100
13905
DESCRIPTION AMOUNT
25-S-0608
25-S-0608
25-S-0608
DEED REC FEE-HARPER-T 200.00
DEV RTS REC FEE/HARPE 250.00
TITLE INS-HARPER-TOS 535.00
TOTAL 985.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 1197~-0959
ONE HUNDRED ~D 00/100 DOLLARS
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
04/14/2005
PREPAID 4/14/.
.o. 0 959
79959 $100.00
PAY TO
THE
ORDF.-R
OF
KAREN HAGEN
2675 KERWIN BOULEVARD
GREENPORT NY 11944
"'O?qqSq,' ':OBI, hOSl,~,h~: &~ ODD001, 0,'
VENDOR 007707 KAREN HAGEN
04/14/2005 CHECK 79959
H3 .8660.2.600.100
P.O.~
INVOICE
041405
DESCRIPTION
TITLE CLOSER-HARPER
TOTAL
AMOUNT
100.00
100.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (63 ! ) 765-5711
Facsimile ~.631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenae)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-095g
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Horton
Town Board
Town Clerk
Lend Preservation Committee
Town Attorney
Planning Board
Tax Assessors
Building Departmenl
Data Processing
Town Comptroller
Stewardship Manager
From:
Melissa Spiro
Land Preservation Coordinator
Date: April 15, 2005
Re:
PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD
SCTM #1000-59-1-20.1
Please be advised that the Town has acquired a development rights easement for open space purposes on
the properly listed below. If you would like any additional information regarding the purchase, please feel
free to contact me.
LOCATION:
SCTM #1000-59-1-20.1
1920 Lake Drive, Southold
OWNER:
Peconic Land Trust (Peter F. Harper)
PURCHASE DATE:
Closing took place April 14, 2005
PURCHASE PRICE:
$56,000.00
EASEMENT AREA:
0.67 acre (easement covers the entire property)
PURPOSE:
Preservation and protection of open spaces and scenic values,
protection of wetlands, protection of significant biological diversity and
protection of unique and threatened ecological areas.
FUNDING:
Community Preservation Funds
MISCELLANEOUS:
This property was purchased by the Peconic Land Trust at market
value. The Peconic L~nd Trust's purchase was funded by private
donors. At a simultaneous closing, the Peconic Land Trast so~d
development rights easement as a Bargain Sale to the Town. This
property yields one (1) sanitary flow credit that will be transferred to the
Town's TDR Bank by resolution of the I-own Board.
?