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HomeMy WebLinkAboutPeconic Land Trust/Cove BeachI I I I I I I I I I I I I I I I I I Cove Beach Easement Suffolk County Tax Map #1000-22-3-15.1 & 18.3 - 98 acres 1000-22-3-28 & 30 - 2.6 acres i~-CBV~D J~N 2 ~ 1999 East Marion, New York Peconic Land Trust is a nonprofit, tax-exempt conservation organization dedicated to the preservation of farmland and open space on Long Island. The Trust acquires and manages land as well as easements for conservation purposes. In addition, the Trust assists farmers and landowners in the identification and implementation of alternatives to full-yield development. To date, the Trust has protected over 2,800 acres through testamentary gifts, conservation easements, and fee ownership. I I CONSERVATION EASEMENT BASELINE DOCUMENTATION REPORT I I Donor Name Raoul Witteveen Address [nterpool. Inc.. 633 Third Avenue New York. NY 10017 Physical Address of Property: Main Road East Marion. Ne',',' York I I I I Suffolk County Tax Map # i000-22-3-15.1 and 18.3 LAND TYPES #Acres 98.27 % Woodlands (380% % Wetland @ 10% Zoning _R 80 % Agriculture __ % Open Space __ Aquifer Overlay NO % Buildings Shoreline & Agricultural Conservation District Yes Bluff @ 10% Buildings and Structures on Property: None Condition of Land: I I The subject property exists in its natural, pristine and undeveloped state with 650 feet of frontage on Long Island Sound and 450 feet of frontage on Dam Pond. This provides the public with very significant scenic vistas of contiguous woodland, open meadow and shoreline. Nine distinct ecological communilies currently occur at this property which reflects the outstanding natural features of the property. In particular the property offers diverse habitats to a wide range of wildlife species. Four species of extremely rare plants, one population of a carnivorous plant, and two species of native orchids were identified on site during the two inspections. Raoul ~ Subscribed to and sv, orn before me this ~.-~ ~day of No~y Public ~ ~ Slate of N~ ~ In compliance with Section 1.170A-14(g) (5) of the federal tax regulations this natural resources inventory is an accurate representation of the property at the..~ime of the conservation donation which was executed on the ~ day of December~ 1995. and recorded on the 2,'7'3ay of December, 1995. I I Attachments: (Please initial) ~// USGS Maps ~ S U r '/e 5/_~.~.- Tax MaP7~ Date Aerial/~ On-site photographs ~_~ Easement & Summary ~ I COVE BEACH EASEMENT East Marion Suffolk County GA£~D HAli 98.2 Easement Acres USGS Quad: Orient ~bZ~u t er Calculated Acreage =120,199+ LANDS at COVE BEACH EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BASE MAP Peconic Land Trast I I I I I I I I I I I I I I I FLORAL INVENTORY AND HABITAT DESCRIPTION: COVE BEACH ESTATES AT EAST MARION, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK PREPARED FOR: PECONIC LAND TRUST 30 JAGGER LANE P.O. BOX 2088 SOUTHAMPTON, NEW YORK 11968 PREPARED BY: ERIC LAMONT, PH.D. BOTANICAL CONSULTANT 586 SOUND SHORE ROAD RIVERHEAD, NEW YORK 11901 OCTOBER 1994 CONTENTS INTRODUCTION ......................................................................................... 3 DISCUSSION OF ECOLOGICAL COMMUNITIES IDENTIFIED ON SITE OAK-HICKORY FOREST ................................................................... 4 SUCCESSIONAL OLD FIELD ............................................................. 6 SUCCESSIONAL SHRUBLAND .......................................................... 6 FRESHWATER WETLANDS: VERNAL POOLS ................................... 7 COASTAL SALT MARSH .................................................................. 8 SALT SHRUB COMMUNITY ............................................................... 9 MARITIME RED CEDAR FOREST .................................................... 10 MARITIME SHRUBLAND ................................................................. 10 MARITIME BEACH COMMUNITY ..................................................... 11 RARE PLANTS ........................................................................................ 13 LITERATURE CITED ............................................................................... 17 APPENDIX ............................................................................................... 18 -2- ! ! I I I I I I I I I I I INTRODUCTION The purpose of this vegetation report is to describe the plant communities and dominant plant species at Cove Beach Estates located at East Marion in the Township of Southold, Suffolk County, New York. Site inspections of the property were conducted on 8 September 1994 and 17 September 1994. The descriptions of the plant communities in this report are based upon the classification system of Reschke (1990), Ecological Communities of New York State, and nomenclature (the scientific names of plants) follows Mitchell (1986), A Checklist of New York State Plants. Nine distinct ecological communities currently occur at this property; one of them, the maritime red cedar forest, is classified as rare in New York. This high number of different community types reflects the outstanding natural features of the property, in particular the property offers diverse habitats to a wide range of wildlife species. Four species of extremely rare plants, one population of a carnivorous plant, and two species of native orchids were identified on site during the two inspections. It is highly probable that additional inspections of the property conducted at different times of the year will result in the discovery of more rare plant species. -3- DISCUSSION OF ECOLOGICAL COMMUNITIES 1. Oak-hickory Forest Before the arrival of European settlers, most of the upland habitat on site was dominated by a forest consisting of various species of oak (Quercus spp.) and hickory (C{~rya spp.). Although the original forest was cleared, a significant portion of the Gazzo property contains an excellent example of undisturbed oak-hickory forest. The land consists of interspersed knolls and depressions, remnants of the final advance of continental glaciers which covered this area over 10,000 year ago; therefore, the land was not as desirable for farming as other nearby areas with little changes in elevation gradient (slope). As a result, the oak- hickory forest on site developed into a mature stage which is rarely observed today on Long Island; well developed and mature oak-hickory forests are especially uncommon in the Township of Southold. The oak-hickory forest on site is dominated by the following tree species: black oak (Qvercu~ velutina), white oak (Quercus alba), scarlet oak (~), and at more mesic sites red oak (Quemus rubra). Mixed with the oaks at lower densities are pignut hickory (Carya glabra), mockernut hickory (Carya tomentosa), and red maple (Acer rubrum). Several scattered individuals of sassafras (Sassafras albidum) occur throughout the forest, and black locust (Robinia pseudoacacia) is invading the outer edges of the forest. There is a subcanopy layer of small trees and tall shrubs including flowering dogwood (Cornus florida) and juneberry (Amelanchier canaden~i~); dense stands of mountain laurel (Kalmia I I I I I I I I I I I I latifolia) occur throughout the forest. Two common Iow shrubs are maple-leaf viburnum (Viburnum acerifolium) and arrowwood (ViburnlJm reco_onitum). The groundlayer is composed of sarsaparilla (Aralia nudicaulis), spotted wintergreen (Chimophila maculata), pink lady-slipper orchid (Cypripedium acaule), and Canada mayflower (Mai~nthemum canadensis). Occurring at more open areas in the forest is woodland aster (Aster divaricatus) and panicled hawkweed (Hieracium _Daniculatum). Common vines in the forest include virginia creeper (Parthenocissis (~uino_uefolia), round-leaf catbrier (Smilax r0tundif~lia), and of special note is the native species of bittersweet (Celastrus scandens). The forest at the north end of the property, directly south of the Long island Sound, is relatively disturbed and exhibits signs of recent disturbance. Many of the trees are non-native species that characteristically invade disturbed sutes: bigtooth aspen (PoDulus grandidentata), bird cherry (Prunus avium), black cherry (Prunus ser0tina) (this species is native), Norway maple (Acer Dlatanoides), sycamore maple (Acer _oseudoplatanus), and black locust (Robbia pseudoacacia). Dense stands of vines cover large areas of this disturbed forest, sometimes the vines cover entire trees and cascade down the sides of dead, 60 foot high trees; characteristic vines include catbrier (Smilax rotundifolia), fox grape (Vitis labrusca), oriental bittersweet (Celastrus orbiculatu$), and Japanese honeysuckle (Lonicera japonica). Non-native shrubs also occur at this portion of the property: Morrow's honeysuckle (Lonicera morrowii), wineberry (Rubus phoenicolasius), multifiower rose (Rosa multiflora), and privet ([~Z~E_JG~g~[~). -5- 2. Successional Old Field The successional old field that occupies large areas of open uplands on site is dominated by forbs and grasses; Iow shrubs and tree seedlings also occur at lower frequencies. Characteristic grasses include broomsedge (Androoogon ir 'n~, common hairgrass (Deschampsia flexuosa), bluegrasses (Poa pratensis. P. ~Z[~, sweet vernal grass (Anthoxanthum ~[.Q_[.~, bent grass (Agrostis oerennan$), purpletop grass (Tridens flavus), and orchard grass (Dactylis 91omerata). Characteristic herbs include goldenrods (Solidago canadensis var. scabra, S. nemorali~, S. !uncea, and Euthamia graminifolia), asters (A~ter pilosus, .A. ericoides, A. undulatu~, A. _Patens, A. simplex and A__. lateriflorus), wild strawberry (Fragaria virginiana), sour sorrel (Rumex acetocella), and cat's-ear (JE[Y.O.~ radicata). Young shrubs and tree saplings are invading the successional old field; characteristic woody plants include eastern red cedar (Juniperus virginiana), bayberry (Myrica pensy!vanica), winged sumac (Rhus copallina), autumn olive (Elaeagnus umbellata), and crab apple (Pyrus sp.). This is a relatively short-lived community that succeeds to a shrubland or woodland community. 3. Successional Shrubland Some cleared areas on site are at an advanced stage of successional development. These areas have already been through the successional old field stage and now the community has at least 50% cover of shrubs. Eventually these areas will succeed into a forest community if left to -6- I I I I I I I I I I undergo natural processes of change. Many of the herbaceous species at the successional old field community continue to occur at the shrubland community, but the number of non-woody individuals has decreased and the number woody species has increased. The major difference between this community and the previously described one is a shift in the dominance of woody versus non- woody species. These two communities actually form a mosaic with each other in the field, and it is often difficult to delineate one community from the other. Characteristic shrubs and small trees of this community include bayberry (Myri~(a _oensylvanica), groundsel tree (Bacharls halimifolia), multiflora rose (Rosa multiflora), eastern red cedar (Juniperus virginiana), wild black cherry (Prunus serotina), and grey birch (Betula Oooulifolia). Saplings of black oak and scarlet oak are common, as are dense groves of black locust which commonly reproduce vegetatively. 4. FRESHWATER WETLANDS: VERNAL POOLS Several freshwater wetlands occur in depressions at the west end of the property. Several depressions located within the oak-hickory forest contain freshwater wetlands that were neither identified nor mapped in the environmental impact statement. At the eastern end of the property are wetlands that may be classified as either freshwater tidal swamp or brackish tidal marsh. Further study of these wetlands, including salinity testing, is needed . The three mapped wetlands at the extreme west end of the property -7- each contain a unique association of plant species. The middle wetland contains a diversity of wetland indicator species including a small population of carnivorous plants known as sundews (Drosera rotundifolia). Sundews have specialized structures on their leaves which allow the plant to trap and digest insects; the plants are related to the famous Venus' fly trap (Dionaea musciDula). The population of sundew on site is only one of two populations currently known from the North Fork of Long island. Along the sandy banks of the northern wetland occurs a small population of lady's-tresses orchid (S0iranthes cernua~. This native orchid was last reported from the Township of Southold in 1928, when it was collected by Roy Latham the famous naturalist from Orient. All-terrain vehicles (ATV's) commonly tresspass on the sandy and gravelly knolls and depressions at the property's west end. The ATV's have destroyed much of the native vegetation in the area. 5. Coastal Salt Marsh The coastal salt marsh community ('coastal," as opposed to "inland" salt marsh, which occurs on saline mudflats associated with inland salt springs) may be divided into three distinct sub-communities: 1) the Iow salt marsh, 2) the high salt march, and 3) salt pannes. The vegetation of the Iow salt marsh is almost exclusively a monospecific stand of Soartina elterniflora (cordgrass). The high salt marsh is dominated by SDartina patens (salt-meadow grass), Distichlis spicata (spikegrass), a dwad form of Spartina {~lterniflora, and Juncus o_erardi (black-grass). Common species of the upper slope of the high -8- I I I I I I I I I marsh are Limonium ~arolinianum (sea-lavender), Aster tenuifolius (slender saltmarsh aster), and Iva frutescens (saltmarsh elder). Salt pannes occur in both Iow and high salt marshes where the marsh is poorly drained. Pannes in the Iow marsh usually lack vegetation, but pannes in the high marsh are usually vegetated by Salicornia ~vroDaea (annual glasswort), S. virgini~:a (perennial glasswort), S~)ergularia marina (saltmarsh sand spurry), Pluchea odorata var. succulenta (marsh fleabane), and Triglochin maritimum (arrow-grass). Large masses of eel grass (Zostera mariana var. ~Le_D_qp__byJ~) have been deposited along the shoreline of the salt marsh. Eel grass is a very valuable source of food for certain species of wildlife (for example, wildfowl such as Brandt). 6. Salt Shrub Community The salt shrub community is a band of vegetation occurring between salt marsh and upland vegetation. A mosaic of shrubland and meadow is common where the topography is nearly level. Periodic disturbance associated with storms causes die-back of shrubs. Characteristic shrubs are Baccharis ~ (groundsel-tree), Ira frutescens (saltmarsh- elder), Rosa carolina (pasture rose), Juniberus virginiana (red cedar), Prunus ~ (beach plum), Toxicodendron redi~an$ (poison ivy), and Myri~:a _oensylvanica (bayberry); characteristic herbs are Sbartina _patens (salt-meadow grass), Solidago semDervirens (seaside goldenrod), Panicum virgatum (switch grass), O~)untia humifusa (prickly-pear cactus), and AmmoDhila breviligulata (beach grass). -9- 7. Maritime Red Cedar FQrest At the east end of the property is the remnant of a rare ecological community, the maritime red cedar forest. This conifer forest was much more extensive on site years ago, apparently numerous trees were cut and probably used as dock posts (nearby, the remains of a dock extends into the salt marsh). Eastern red cedar (Juni0erus virginiana) is the dominant tree of this forest, forming a nearly pure stand. Usually eastern red cedar is a pioneer species that invades old fields that have been abandoned. The cedars usually thrive for approximately 30 years at which time they are replaced by climax tree species. However, red cedar is the climax plant species of this maritime forest. Trees often live over 150 years in a mature forest, and often produce Iow hanging horizontal branches that provide excellent habitat for wildlife species. The New York Natural Heritage Program lists the maritime red cedar forest as "critically imperiled in New York State because of extreme rarity" (Reschke, 1990). Less that five occurrences of this rare ecological community are currently known from New York. Although the occurrence of this forest on site is degraded, it is a very significant occurrence and warrants preservation. 8. Maritime Shrubland Reschke (1990) described the maritime shrubland as an ecological community "that occurs on dry seaside bluffs and headlands that are exposed to offshore winds and salt spray.' At Cove Beach Estates this -10- I I I I I I I I I community occurs at the north end of the property along the bluff tops, down the face of the bluffs, and at the base of the bluffs bordering the maritime beach community (see vegetation map). Three rare plant species that occur on site are directly associated with this shrubland community: D. igitaria filiformis (Slender Crabgrass) occurs at grassy openings in the shrubland community along the bluff top, Erectites megalocaroa (Fireweed) and P. gtentilla pacifica (Coastal Silverweed) occur at a moist, brackish depression at the seaward edge of the shrubland. The composition and structure of the vegetation varies. At the top of the bluffs the shrubland forms a mosaic with grasses and herbs, but there is always more than 50% total cover of shrubs. Along the face and base of the bluffs the shrubland forms a dense thicket. Characteristic species include Sand Rose (Rosa rugosa~, Honeysuckle (L.o. nicera morrowii), Groundsel Tree (Bacharis halimifolia), Winged Sumac (Rhus copallinum), Poison Ivy (Toxocodendron radicans), Red Cedar (Juniperus virginiana), and stunted individuals of Wild Black Cherry (Prunus serotina). Of special interest is a population of False Indigo (Amorpha fruticosa) and a large, dense population of Privet (Ligustrum vulgare), both thoroughly established in this community. 9. Miarit,ime Beach Community The pebble and cobble beach at the north end of the property bordering Long Island Sound is sparsely vegetated above mean high tide, where the shore is modified by storm waves, wind erosion, and winter ice. Drift lines and areas of occasional overwash are sparsely vegetated by annual -11- plant species, most notably Sea Rocket (Cakile edentula), Russian Thistle (Salsola kali), Seaside Orach (~, and Seaside spurge (Chamaesyce _oolygonifQli{~). Characteristic perennials include Seabeach Sandwort (Honkenya De_oloides ssp. robusta) and Seaside Goldenrod (Solidago sem0ervirens). The upper beach, located above the normal high- tide level, is vegetated by Dusty Miller (Artemisia stelleriana), Tall Wormwood (Artemisia camDestris ssp. caudata), Beach Pea (Lathyrus ia_oonicus var. glaber), and Beach Clotbur {Xanthium strumarium var. canadense). -12- I RARE PLANTS I I Four rare plant species were located on site during the two site inspections during September 1994. It is probable that additional I i I I inspections of the property during other seasons will reveal more occurences of rare plants. For example, New York Natural Hedtage Program (NYNHP) reported the rare Red Milkweed (Asclepias rubra) from East Marion, New York, but the population has not been rediscovered since it was first reported. Another rare plant, Seabeach Knotweed (Polygonum gl.~, is known to occur near Cove Beach Estates but I did not locate it during my two inspections of the property; however, suitable habitat I I occurs on site and it is possible that it occurs on site during years in which conditions for its growth are favorable. The following four rare plant species were located at Cove Beach Estates during September 1994 (for a definition and description of the NYNHP Rarity Rank classification system see the Appendix of this report): Name of Species NYN~P Rarity Rank 1. Angelica Ivcid~ (Seabeach Angelica) 2. Digitari~ f~ (Slender Crabgrass) 3. Erectites megalocar_Da (Fireweed) 4. Potentilla Dacifica (Coastal Silverweed) S1 G5 S1S2 G5 S1 G5T? S2 G5TU -13- 1. An~ellc~lucida (Seabeach Angelica) The population of Seabeach Angelica at Cove Beach Estates is probably the largest in New York State. The population occurs along the edge of the woods bordering the salt marsh at the eastern end of the property (see vegetation map), and consists of several hundred individuals. On 13 July 1924, Roy Latham of Orient first discovered Seabeach Angelica at East Madon, New York; that was the last time the species was reported from the area until the present study. It is probable that the population at Cove Beach Estates is the same one that Latham reported 70 years ago. New York Natural Heritage Program (NYNHP) lists Seabeach Angelica as "critically imperiled in New York State because of extreme rarity" (Young, 1992). There are only three occurrences of this rare plant species in New York: Fishers Island, Orient, and East Marion. 2. Digitarla fillf0rmis (Slender Crabgrass) Historically this ram grass occurred at a few scattered locations on Long Island and southeastern New York. Currently, no extant populations are known from western Long Island, Staten Island, nor the Bronx. Therefore, the few scattered populations of this rare grass in eastern Suffolk County constitute the last stronghold of the species in the state. Despite its common name, Slender Crabgrass is a native grass. The non-native species of crabgrass that occur as weeds in lawns are introduced from Europe and Asia, and should not be confused with -14- I I I I I I I I I I Digitaria filiformis. Several widely scattered individuals of Slender Crabgrass occur along the sandy tops of the bluffs, generally towards the westem end of the property (see vegetation map). If the natural vegetation along the blufffop is not disturbed from development, the population of Slender Crabgrass on site should not be negatively impacted. New York Natural Heritage Program (NYNHP) lists Digitaria filiformi$ as either 'critically imperiled in New York State because of extreme rarity' or 'imperiled in New York State because of rarity" (Young, 1992). The exact rarity status of this species is not currently known, that is why NHNHP lists this species as SLS2; more field work is needed to determine whether historical records still exist. In either case, Slender Crabgrass is classified as either 'extremely rare' or "rare" in New York. 3. Erectites me_oalocar_Da (Fireweed) (also scientifically known as Erechtites hieraciifolia var. meglocaroa) A small population of Fireweed occurs at a moist depression between the maritime shrubland community and the maritime beach community (see vegetation map). This species is extremely rare in New York, only two occurrences are known in the State: Fishers Island and East Marion. This rare plant should not be confused with another plant with the same common name. Epilobium angusfifolium, also known as Fireweed, is a very common plant upstate New York and throughout New England; also Jt has been collected on Long Island. Epilobium ano_ustJfolium is a member of the Evening Primrose Family, whereas Erectites megalocarpa belongs to -15- the Composite Family. The two species are not related to one another. New York Natural Heritage Program (NYNHP) lists Erechtites megalocar0a as "critically imperiled in New York State because of extreme rarity' (Young, 1992). 4. Potentllle pacifica (Coastal Silverweed) (also scientifically known as Potentille, anserina subsp. _oacifica A small population of Coastal Silverweed occurs at a moist depression between the maritime shrubland community and the maritime beach community (see vegetation map). This species is only known in New York from Suffolk County where seven extant populations occur. Coastal Silverweed occurs along wet sandy seacoasts, commonly in brackish soil, from Labrador south to the east end of Long Island, New York; it also occurs along the Pacific coast of North America. New York Natural Heritage Program (NYNHP) lists Potentilla _oacifica as 'imperiled in New York State because of rarity" (Young, 1992). -16- I I I I I I I I I I I LITERATURE CITED Mitchell, R.S. 1986. A checklist of New York State plants. N.Y.S. Mus. Bull. No. 458. 272 p. Reschke, C. 1990. Ecological communities of New York State. N.Y. Natural Heritage Program, N.Y.S. Dept. Envir. Conservation, Latham, NY. 96 p. Young, S. M. [ed.] 1992. New York rare plant status list. N.Y. Natural Heritage Program, N.Y.S. Dept. Envir. Conservation, Latham, NY. 78 p. -17- APPENDIX EXPLANATION O~ RANKS AND cODES New York Natural HeritaR~ ProEy~m [NYNMP) Ranks Each element has a global and state rm~k. The global rank reflects t~e rarity of the element throughout the world and the state rank reflects the rarity within New York State. Infraspecific taxa are also assigned a taxon rank to reflect the infraspe¢ific ta.xon's rank throughout the world. G1 = Critically imperiled globally because of ~xtr~me rarity (5 or fewer occurrences, or very few r,maining individuals, acres, or miles of stream) or especially vulnerable to extinction because of some factor of its biology. Gl = Imperiled globally because of rarity (6 - 20 occurrences, or few re- maining acres, or miles of stream) or very v~Inerable to extinction throu§hout its range because of other factors. G3 = Either very rare and local throughout its range (21 to 100 occurrences), or ~ound locally (even abundantly at some of its locations) in a restricted range (e.g., a physlosraphic resion),'or ~lnerable to extinction throughout its range because of other factors. G4 = Apparently secure slobally, though it may be quite rare in parts of its range, especially at th~ periphery. G5 = Demonstrably secure globally, though it may be quite rare in part~ of its range, especially at the periphery. G~ = 5istorically known, with the expectation that it might be rediscovered. GX = Species belimved extinct. GU = Status unknown. STATE R~\~ S1 = Typically 5 or fewer occurrences, very few remaining individuals, acres, or miles of strea~, or some factor of its biolo§y making it especially vulnerable in New York State. S2 = Typic~ily 6 to 20 occurrences, few r~mainlng individuals, acres, or miles of stream, or factors de~monstrably m~king it very ~ulnerable in New York S3 = Typically 21 to 100. occurrences, limited a~reage, or miles of stre~ in ' Ne~ York State. S4 = Apparently secure in New York State. $5 = Demonstrably seours in New York State. S~ ~ Historically known from N.Y. Sta~e, but not seen in the past 15 years. SX ~ Apparently extirpated from New York State. SE =.Exotic, not native to New York State. SR - S~ate Repot6 only, no verified specimens known from New York State. SU = Sterns in New York State is unkno~a~. TAXON RAN~ The.T-ranks are defined the same way the Global ranks are but the T-rank only refers to the rarity of the subspecific, taxon not the rarity of the species as a whole. A "Q" indicates a question exists whether Jr not the taxon is a good taxonomic entity. _~ "l" indicates a question exists about the 6/90 -18- 1. Looking west along Truman Beach 2. Facing west along ~driveway~ 3. Facing west along fence boundary 4~ Looking southwest at northeastern property boundary (tributary to Dam Pond) I i 5. Looking west on Truman Beach Looking west along Truman Beach I 7. Looking east along Truman Beach Looking west along Truman Beach 9. Looking west on Truman Beach 10. Looking west at driveway Looking north at Long Island Sound from house porch 12. Looking west at house 13, Looking north at Long Island Sound from dri~'eway 14. Looking west from driveway 15. Looking west at sand pit 16. Looking west at sand pit 17~ Looking southwest at northeastern property boundary (tributary to Dam Pond) 18. Looking southwest over open field 19. Looking west in open field 20, Looking northwest from southern property line I ii i I I 21. Looking north over open field from southern property line ! i ii I I il 22. Looking west on drive 23. Looking east on driveway 24. Looking west along northern property ]line I 25~ Looking east along northern property line I ii 26~ Looking east at pond I I 27. Looking south at pond I I ii I I I 28. Looking north at pond 29. Looking northeast at pond 30. Looking north at pond 31. Looking northeast~ along boundary I I I 32~ Looking southwest along boundary 33. Looking west at boundary 34. Looking north at Dam Pond 35. Looking east at Dam Pond 36. Looking east at Dam Pond 37. Looking east at Dam Pond 38. Looking north 39. Looking southwest at creek Looking south along creek Looking northeast along creek 42. Looking northeast from Teal Pond 43~ Looking northeast along Dam Pond 44, 45, 46. Looking northeast at wetland containing Sundew I 47~ Looking southeas~ at Darn Pond 48. Looking west at kettle hole ,! ! ! ! Location of Photographs on Property Photos taken Tuesday & Wednesday, December 5th & 6th, 1995 @ 1:00 P.M. Location of Photographs on Property Photos taken Tuesday & Wednesday, December 5th & 6th, 1995 @ 1:00 P.M. I I I I BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. [SUFFOLK COUNTY CLERK l [ 4 I FEES ILP.T.S.A. ~ ~/~ .Dual Town __Dual County for Appo~ionnlenl ~* lO00 22 3 18.003 /,.~.~;~ 1000 22 3 15.00~ ~} TIlle Number CH~Rk[S R. CH~DY, [SQ.. ~r ~m~ ~ R~ R~ PO BOX 445 Griffing'Avenue O~: Riverhead, NY ..,~/ ~CO~ · ~ TO Suffolk Coun Recording & Endorsement Page Tiffs page forms part of the attached DEED OF CONSERVATION EASEMENTmade by: (Deed, Mo~gago, et~.) The premis~ herein is situated iu SUFFOLK COUNt, NEW YO~. RAOUL d. ~ITTEVEEN TO In the TOWN of SOUTEOLD la the V~LAGE EAST MARION or ~MLET of I I I I I I I I I I I I I I I I I I DEED OF CONSERVATION EAS~ENT THIS DEED OF CONSERVATION EASEMENT, is made on the ~_ day of December, 1995 at Soulhampton, New York. The parties are Raoul J. Wgteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor"), and Ihs PECONIC LAND TRUST, INCORPORATED, a not-for-prolit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called 'Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres real property located in the Town of Southold, Sullolk County, New York, hereinafter more lully described in Schedule A attached hereto, lurther described as part of Suffolk County Tax Map Parcel Numbers 1000-22-3-15.1 and 18.3, and herelnalter referred to as the "Properly"; and WHEREAS, the Property has conditional final approval from the Town of Southold for a yield of thirty-four (34) single-family residences as shown on a map prepared by Young & Young Surveyors and dated 6/27/90 and revised on 6/23/94; and WHEREAS, the Properly is located in the R-80 Zone which Is included in the Agdcuilural Conservation District of the Town ol Southold which designation, to the extent possible, is Intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southotd code, Section 100-30; and WHEREAS, the Grantor wishes to grant a Conservalion Easement on the 98.38-acre parcel of Property so that a substantial portion of the Property shall remain in its open, undeveloped, and scenic state, as shown on the Conservation Easement Map marked Exhibit A altached hereto; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 98.38-acre parcel of Property so that a portion of lhe Properly (hereinalter relerred to as the "Open Area", comprising approximately 36.11 acres of the Property, more fully described in Schedule S aSached hereto) shall remain in ils open, undeveloped, and scenic state and the remainder of the Property (hereinafter relerred Io as the "Development Area", comprising approximately 62.27 acres of the Property, more tully described in Schedule C attached hereto), may be further developed with no more than Iwenty-six (26) single-family residences wilh appurtenant structures and improvements; and WHEREAS, the Properly contains soils qualified as Class I and Class g worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survev of Sulfolk County. New Y~; and WHEREAS, It is the policy ot the Town ot Southold, as articulated in the Town's Master Plan ot 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Seclion 272-a of the Town Law, to prolect environmentally sensitive areas, preserve prime agdcullural soils, to protect the scenic, open space character of Ihe Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland, wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant}, Erechtites Megalocarpa (tire weed), Potentiila anserina subspecies sb.pacifica (silver weed) and Digitaria Filisormis species; and WHEREAS, the Property In its presenl scenic and open space condition has substantial and significant value as an aesthetic and agricugural resource by reason of the fact that it has nol been eubject to any extensive development; and I I I I I I I I I I I I I I I I I I WHEREAS, the Grantor and Grantee recognize the value and epeclal character o( the region in which the Property is located, and the 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 and agricoltural resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW, THEREFORE: ~)t Qrantor'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 Ihis easement. 0,02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified net-for-profit charilable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and Incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and natural values of rural lands iocaled in Suflolk County of Long Island. 0.03 PurDose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area 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, excluslveiy for the purpose of perpetually preserving its open space character for environmental, scenic, agdcugural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions herein, in furtherance of federal, New York State and local conservation policies, 0.04 Government Recoanltion 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 enactment of Environmental Conservation Law, Section 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the internal Revenue Code and other federal statutes. Grantee warrants and represents that it possesses the intent and ability to enlorce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, and that the Property satislies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present use of the pr(~perly is compatibte with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the lime et the gilt of this Easement. In order to aid In identifying and documenting the present condition of the Property's nalural, wildlife, watershed, scenic, agriculture and aesthetic resources and otherwise to aid tn identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use I I I I I I I I I I I I I I I I i I of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of lhe Property's relevant teatures and conditions (the "Baseline Documentation'. This Baseline Documentation includes, but need not be limited to, the Conservation Easement Map marked Exhibit A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing tend uses, features, and structures, ff any. The Grantor and Grantee acknowtedge and agree that in the event a controversy arises with respect to the nature and extent ot the Grantor's historical and presenl uses of the Property or ils physical condilion as of the date hereof, the parties shall not be foreclosed from utilizing any other relevanl or material documents, surveys, reports, photographs, or other evidence to assist in Ihe resolution of the controversy. D,(~7 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. 1.01 TVDe This Deed conveys a Conservation Easement (herein called the 'Easement'). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its 'provisions' in this Deed shall include any and all of lhose covenants, restrictions, rights, terms and conditions. 1.02 Duration Th~s Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenanls, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an Incorporeal interest in lhe Property, and shall bind the successors and assigns ot each of the parties respectively. This Easement 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. 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 shell include all of those persons or entities. Any rights, obligations and interests herein granted by Grantor shall also be deemed granted by each and every one of its subsequent agents, successors and assigns, and the word 'Grantor" when used herein shaft include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, re[eases and conveys to Grantee, as an absolute gill this Easement, tn perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement In perpetuity, and undertakes to antoine it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. PROHIBITED ACTS From and after the date ot this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: I I I I I I I I I I I I I I I I I I ~,01 Structures The construction or placement of residential, commercial, Industrial or other buildings or structures of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.06 hereo[. Structures and improvements, including, but not limited to, driveways, trails and agdcugural slructures as permitted in Sections 4.05 and 4.06 hereol, may not be made on, over, or under the Open Area without the prior written consent of the Grantee, which may be granted if the stroctdre or improvement does not defeat or derogate from the purposes ot Ibis Easement. 3.02 Excavation and Removal of Materials The excavating, mining, filling, grading or clearing of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvemenls on Ihe Property and to construct and maintain lhe permitted structures and improvements in the Open Area with the prior wr[Iten consent ol the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and mainlain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management with the prior wrilten consent of the Grantee. Any grading within 50 feet of the top edge of the bluff, except that which may be necessary to control or remedy erosion or to prevent storm water trom flowing over the edge of the blug. 3.03 Subdivision The subdivision or partitioning of the Properly without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shat[ the Development Area be subdivided into more than twenty-six (26) single-family residential lots as provided in Section 4.06 hereof, and none of the 26 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southoid Planning Board. 3.04 Dumoina The dumping or accumulation of unsightly or offensive materials including, but not limiled to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sions The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not signilicantly diminish the scenic character of the Property and only for the following purposes: a) to stale the name of the Property and the names and addresses of the occupants, b) temporarily Io advertise the Property or any portion thereot for sale or rent (subject to and in accordance with Section 100-201 through 207 of the Zoning Code ot lhe Town of Southold, as same may be amended from time to time) or to post the Property to control unanthorized entry or use, and c) to announce the Grantee's conservation easement. 3.06 Ciearina and LandscaDina Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easemenls of record, if any. Othe~vise, the Open Area shall remain in a natural state, and maintenance of the natural vegetation [herein shall be lhe only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 3.07 Utilities The creation or placement of overhead utllily transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on Ihe Open Area except with the Grantee's prior written consenl. Underground uUlilies must, to the exlent possible, be constructed within 30 4 I I I I I I I I I I I I i I I I I I feet of Ihe center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use ol the Properly for any commercial or industrial purpose except that agricullural uses expressty permitted in Section 4.05 shal[ not be considered a commercial or industrial use. 3.09 DeveloDment Riohts The use of the acreage of this Property burdened with this Easement for purposes ct calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights on the Property and the parties agree that such Hghts shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownershio Subject to this Easement, Grantor shall retain all other customary rights of ownership in lhe Properly, 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 Properly in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal [aw which wtll not defeat or derogate from Ihe purposes of this Easement. 4.04 Landscaolno Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Granlor shall have the right to remove or restore trees, shrubs, or ether vegetation when dead, diseased, dangerously decayed or damaged on the Property. Clearing, cutting and grading wllhln 50 feet of the top edge of the bluff shall be limited to that necessary lor proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent ol Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Aoricultural Activities Grantor shall have the right to continue or restore the htstodcal, locally typical and/or cuslomary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 leer of the rare species so that agdcullural use of the soil and the application of herbicides cannot attect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beet or dairy cattle, or similar domestic livestock, may be constructed, maintained or replaced by Grantor with the prior written consent ct the Grantee. 5 ! I I I I I I I I I ! ! I I I I I I 4.06 Structures A. Allowable Resldential Improvements. Grantor shall have the right to construct no more than twenty-six (26) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and grading within each residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any el its lots shall be discharged down the face of the bluff. S. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvemenls in the Open Area which are necessary to and cons[stent with the uses as permitted in Sections 4.05 and 4.06 hereof: (i) Agricultural Structures, including but not limited to barns and sheds as is necessary for the agricultural use of the Open Area, placed such that they do not detract from and adversely agect the scenic value of this Easement; and (ii) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permilfed under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed wlihin 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanilary disposal facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback from the top of the bluff as shown on the Conservaflon Easement map marked Exhibif A; and Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff shall be only by means of a suilable structure. The structure shall be designed and construcled in a manner that will result In the least threat to Ihe slabilily of the bluff and must be in accordance with all applicable permils; and ( i v) Fences, placed such that they do not detract from and adversely alfect the scenic value of this Easement; and C. Replacement of Structures In-Kind. In the event el damage resulling from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity during and after Consirucfion. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runolf resulting from the development and improvement of Ihe subdivision or any of Ils lots shall be discharged down the face of the bluff. I I I I I I I I I I I I I I I I I I zL07 Notice Grantor shall notify Grantee, in wriling, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments of Grantee shall be given to Grantor wllhin 45 days alter all necessary documentation and information is submitled to Grantee. 4,08 Aliepabililv Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Granlor shall promptly noilly Grantee of any conveyance of any interest in the Property, inc[uding the full names and mailing addresses of all Grantees, 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 amendmenl of the terms of this Easement, and shall incorporate this Easement by reference, specilicaliy selling forth the date, office, fiber and page of the recording hereof. The failure of any such instrument to comply wllh the provisions hereof shall not affect Grantee's rights hereunder. 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. If Granlor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry Into lhe accuracy thereof. That payment, If made by Grantee, shall become a lien on the Property of the same priority as the ilem if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. INDEMNIFICATION §,01 Grantor's Oblioations Grantor shall Indemnify and hold Grantee harmless from any charges or liens Imposed upon Grantee arising from Ihe physical maintenance and upkeep 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. 6.02 Third Party Claims Grantor shall iedemnihJ and hold Grantee harmless for any liability, costs, attorneys' tees, judgments or expenses to Grantee or any of ils officers, employees, agents or independent contraclors resulllng: a) from injury to persons or damages to Property arising from any aclJvity on lhe 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 padies arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely [rom the acts of Grantee, its olficers, employees, agents, or independent contraclors. I I I I I I I I I I I I I I I I I I GRANTEE'S RIGHTS Grantee shall have the right to enter upon lhe Properly at reasonable times, upon reasonable prior notice to Grantor, and in a manner Ihat will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether lh[s 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 7.03, nor [o permit access upon Ihe Property by the public. ~'.02 Restoration Grantee shall have the right to require lhe Grantor to restore the Property to the condition required by this Easement and to enfome this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Granfor shall not be liable for any changes to the Property resuitlng Item causes beyond the Grantor's control, Including, without limitallon, 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 the Properly resulting from such causes. 7.03 Enforcement Rights of Grantee Grantor acknowtedges and agrees that Grantee's remedies at law for any violation gl 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 thirty (30) days notice thereol by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, defe. ult 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 iniunction, (ii) to enter upon the Properly and exercise reasonabie etforts to terminate or cure such breach, default or violafion 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 on Ihe date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Granlee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compiianca with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shell 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 obiigation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection wilh any proceedings under this Seclion 7.03. 7.04 No Waiver Grantee's exercise of one remedy or reliet under this ARTICLE SEVEN 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 egect of waiving or limiting the use of any other remedy or relief or the use of such olher remedy or relief at any other time. 7.05 Assignability Grantee shall have the right to assign any and all of ifs 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 "qualified organization" means a not-for-profit corporation or 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 Section t70(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 I I I I I I I I I I I I I I I I I 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. 7.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or lails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualilied organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such other qualified corporation, body or agency as defined and upon the conditions contained in Section 7.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all ot its rights and responsibilities under this Easement and all of its righ[s, title and interest tn and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in anolher qualified organization in accordance with a cy pres proceeding brought in any court of competent Jurisdiction. This easement gives rise to a properly right and interest immediately vested in the Grantee. For purposes of this Section 7.07, Ihe fair market value of such right and interest shall be equal to the dilterence, as ot the date hereof, between the lair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material untoreseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer ot title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part ot the Property Is taken under the power ot 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 restriclions imposed by this Easement or otherwise egectlvely lo trustrate the purposes hereof, Grantor and Grantee shall Join in appropriate proceedings at the time of such taking to recover the tull value of the interests in the Property subject to the laking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such laking shall be paid out ol the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall usa such proceeds actually recovered by it in a manner consistent wilh the purposes of this Easement. The respective rights of Grantor and Grantee set lorlh in this Section 7.07 shall be in addition to, and not in limitation or, 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 ol eminent domain as aforesaid. 7.08 No Public Access Nolhing contained In this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. ARTICLE EIGHT 8.01 Entire Understandina This Easement contains the entire understanding between its parties concerning ils subject matter. Any prior agreement between the parties concerning Its subject matter shall be merged Into this Easement and superseded by il. I I I I I I I I I I I I I I I I I I 8.02 Amendment This Easement is made with the intention that it shall quali[y as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income lax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Seclion 170 (h). Any such amendment shall apply retroactively in the same manner as il such amendment or amendments had been set forth herein. This Easement can be terminated or modified only 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. Grantor and Grantee recognize that circumstances could arise which would Justily Ihe modification of certain of the restrictions contained In this Easement. To this end, Granlee and Granter shall mutually have fha right, in their sole discretion, to agree to amendments to this Easement which are not Inconsistent with the basic purposes of this Easement set forth in lhe Inlroduction hereof; provided, however, that Grantee shall have no right or power to agree 1o any amendments hereto that would result in this Easement tailing to quality 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 regulalion issued pursuant thereto, or Seclion 170(h) of the Internal Revenue Code governing "Qualilied Conservation Conlribulions." The parties acknowledge that the boundaries of the Open Area and the Development Area may have to be adjusted as provided herein, and the parties agree to cooperate in such boundary line adjuslments as may be necessary, provided sa~d adjustments would not result tn diminution ol the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 8.03 Severab[lilv Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenlorceable 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 which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 8.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by lirst class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Matled 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 wilh this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, rec~led herein, marked for the attention of the President, or fo such other address as Grantee may designate by not[ce in accordance with this Section 8.04. Notice shall be deemed given and received as of lhe date of its manual delivery or the date of its mailing. 8.05 Governing] Law New York law applicable to deeds and conservalion easements pertaining Io land located wilhin New York shall govern this Easement tn alt respects, including validity, construction, interpretalion, breach, violation and performance. 8.06 InterDretation Regardless of any contrary rule of construction, no provision of this Easement shall be conslrued in favor of one of the parties because it was drafted by Ihe other party's attorney. No alleged ambiguity in this Easement shall be construed agalnsl 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 as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 I I I I I I I I I I I I I I I I I I I 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 Grantor. 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 olherwlse recited herein, be construed at ail times and by all parties to effectuate its purposes. 8.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 8.08 Recordln(3 Grantee shall record this Easement in the land records of the o[tlce ot the Clerk ot the Counly of Sulfolk, State of New York. 8.09 Headin(]s The headings, litles and subtitles herein have been inserted solely for convenient reference, and shatl be ignored in its construction. I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, Grantor has executed and detivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set fmlh above. ACKNOWLEDGED AND ACCEPTED; BY: ~~ ~ Grantor) A~ED AND ACCEPTED: PECONIC LAND TRUST (Grantee) BY: ~1,[,,.,. ~',~, ~ s n v.H. Halsey President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this ;Z~ day of December, 1995, before me personatly appeared Raoul J. Wittevsen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York 11962. Grantor mentioned and described in, and who executed the foregoing instrument, and he duty acknowledged to me that he executed the same. Notary Public On this ~-~ day of December, 1995, before me personally appeared JOHN v.H. Notary Public Schedule A: Metes and Bounds Description of the Property. Schedule B: Metes and Bounds Description ol the Open Area. Schedule C: Metes and Bounds Description ol Ihs Development Area. Exhibit A: Conservation Easement Map 12 I I I I I I I I I I I I I I I I I I SCIIEDULE A Description o[ Property ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erecled, situate, lying and being at East Marion, Town et Soulhold, County of Suffolk and State o! New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the soulheaslerly corner of land now or formerly Frank R. Russel and Others, said point being siluate 1776 feet easlerly as measured along the northerly side of Main Road from the intersection of lhe norlherly side of Main Road and the easterly side of Stars Road: RUNNING thence from said poinl of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. Norlh 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 fee[ to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barl~ara Edeen the following two (2) courses and distances: 1. South 77 de~. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begets; RUNNING thence along land now or formerly Frank E. Begets, Jr, and Iris R. Begora the lollowihg two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295,42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING Ihence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence Soulh 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way Ihroogh land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 I I I I I i I I I I I I I I I I I I I 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. North 61 deg. 16 min. 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg. 31 min. 36 sec. East 2. North 65 deg. 47 min. 54 sec. East 3. North 24 deg. 12 min. 06 sec. West 4. North 24 deg. 38 min. 46 sec. West 5. North 23 deg. 32 min. 36 sec. West 6. North 25 deg. 39 min. 46 sec. West 7. North 23 deg. 04 min. 56 sec. West 8. North 26 deg. 21 min. 26 sec. West 9. North 28 deg. 48 min. 16 sec. West 10. North 33 deg. 26 min. 56 sec. West Otto Uhl, Jr. et al.; 836.45 feet, 286.00 feet, 176.10 feet, 113.47 feet, 110.05 feet, 101,00 feet, 88.65 feet, 100.90 feet, 101.34 feet, 68.56 feet to land now or formerly RUNNING thence along land now or formerly Otto Uhl, Jr. et al. the following four (4) courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximale highwater mark of Long Island Sound the following fifteen (15) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 6t deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 210.19 feet, 13. 14. 15. South 82 deg. 49 min. 39 sec. East 69.50 feet, South 76 deg. 56 min. 14 sec. East 108.12 feet, South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate Page 2 I I i I I I I I I I I I I I I I I I I highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 7. 8. 9. 11. 15. 17. 20. 22. 23. 24. 25. 26. 27. 28. 29. 30, 32. 33. South 89 deg. 19 min. 53 sec. West 73.94 feet, North 75 deg. 37 min. 52 sec. West 48.78 feet, North 87 dog. 59 min. 45 sec. West 58.54 feet, North 89 deg. 33 min. 38 sec. West 37.38 feet, North 63 deg. 46 min. 47 sec. West 46.02 feet, North 85 deg. 42 min. 49 sec. West 63.84 feet, North 66 deg. 04 min. 49 sec. West 28.08 feet, South 33 deg. 57 min. 52 sec. East 180.87 feet, South 18 deg. 42 min. 02 sec. East 110.06 feet, North 89 deg. 10 min. 25 sec. East 85.79 feet, South 38 deg. 23 mtn. 13 sec. East 81.33 feet, South 24 deg. 16 min. 05 sec. East 73.11 feet, South 51 deg. 10 min. 48 sec. West 49.25 feet, South 32 deg. 39 min. 33 sec. East 58.55 feet, South 28 deg. 04 min. 43 sec. West 53.12 feet, South 82 deg. 54 min. 21 sec. West 46.53 feet, North 77 deg. 57 min. 36 sec. West 146.19 feet, South 63 deg. 05 min. 10 sec. West 64.68 feet, South 04 deg. 56 min. 12 sec. West South 23 deg. 18 min. 55 sec. East South 55 deg. 48 min. 53 sec. East North 86 deg. 48 min. 55 sec. East South 75 deg. 54 min. 56 sec. East North 55 deg. 39 min. 06 sec. East North 14 dog. 48 min. 34 sec. East North 53 deg. 31 min. 16 sec. East South 07 deg. 39 min. 07 sec. East 73.36 feet, 58.90 feet, 32.68 feet, 82.98 feet, 68.05 feet, 61.71 feet, 92.74 feet, 24.33 feet, 31.57 feet, South 11 deg. 06 min. 27 sec. West 49.53 feet, South 19 deg. 55 min. 03 sec. East 106.82 feet, South 56 deg. 03 min. 02 sec. West 48.86 feet, South 77 deg. 01 min. 56 sec. West 61.30 feet, South 79 deg. 24 min. 50 sec. West 79.63 feet, South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettler[ the following thirteen (13) courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North O0 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01min. 44sec. East 23.10feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 I I I I I I I i I I I ! I ! I I I I I RUNNING thence along the northerly side o1' Main Road South 83 deg. 03 min. 14 sec. West a distance of 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 I I I I I I I I I I I I I I I I I I I SCHEDULE B Description of Open Area ALL Ihat cerlain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, Counly of Su[folk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Olhers, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection o[ Ihe northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said poin! of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begore, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. Soulh 78 deg. 29 mtn. 54 sec. West 295.42 feel, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec, West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec, West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 I ! I I I I I I I I I I I i I i I I 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1, North 65 deg. 51 min, 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3, North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. North 61 deg. 16 min. 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following two (2) courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet to the southeasterly corner of land now or formerly Constance J. Terry; RUNNING thence through land of the party of the first part the following four (4) courses and distances: 1. North 56 deg. 14 min. 44 sec. East 225.54 feet, / ~. 2. South 33 deg. 45 min. 1 § sec. East 145,98 feet," 3. on a curve to the right having a radius of 755.00 feet a distance of 108.21 feet, 4. North 64 deg. 27 min. 26 sec. East 287.67 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following nine (9) courses and distances: 1. South 25 deg. 30 min. 06 eec. East 608.15 feet, 2. North 81 deg. 12 min. 16 sec. West 312.90 feet, 3. South 32 deg. 12 min. 06 sec. East 144.10 feet, 4. South 27 deg. 10 min. 36 sec. East 71.14 feet, 5. South 27 deg. 49 min, 46 sec. East 111.98 feet, 6. South 25 deg. 15 min. 36 sec. East 598.78 feet, 7. South 26 deg. 45 min. 36 sec. East 387.32 feet, 8. North 63 deg. 01 min. 44 sec. East 23.10 feet, 9. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; RUNNING thence along Ihs northerly side of Main Road South 83 deg. 03 min. 14 sec. West a distance of 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 36.1 t 38 Acres. SUBJECT to ali rights of way, easements and or covenants of record, if any, Page 2 I I I i I I I I I I I I I I I I I I I SCIlEDULE C Description of Development Area ALL that certain plot, piece, or parcel of land, wilh the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State et New York, bounded and described as follows: BEGINNING at a point marking the southeasterly corner of land now or formerly Constance J. Terry; RUNNING lhence from said point of beginning along land now or formerly Constance J. Terry the following eight (8) courses and distances: 1. North 24 deg. 12 min. 06 sec. West 176.10 feet 2. North 24 deg. 38 min. 46 sec. West 113.47 feet 3. North 23 deg. 32 min. 36 sec. West 110.05 feet 4. North 25 deg. 39 min. 46 sec. West 101.00 feet 5. North 23 deg. 04 min. 56 sec. West 88.65 feet 6. North 26 deg. 21 min. 26 sec. West 100.90 feet 7. North 28 deg. 48 min. 16 sec. West 101.34 feet 8. North 33 deg. 26 min. 56 sec. West Otto Uhl, Jr, et al.; 68.56 feet to land now or formerly RUNNING Ihonco along land now or formerly Otto Uhl, Jr. et al. tho following four (4) courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to Ihe approximate highwaler mark of Long island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound Ihe following fifteen (15) lie line courses and distances: 1. Soulh 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. Soulh 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 mtn. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 210.19 feet, 13. South 82 deg. 49 min. 39 sec. East 69.50 feet, 14. 15. South 76 deg. 56 min. 14 sec. East 108.12 feet, South 81 deg. 51 mtn. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; Page 1 I I I I I I I I I I I I I I I I I I I RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate hlghwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. South 89 deg. 19 min. 53 sec. West North 75 deg. 37 min. 52 sec. West North 87 deg. 59 min. 45 sec. West North 89 deg. 33 min. 38 sec. West North 63 deg. 46 min. 47 sec. West North 85 deg. 42 min. 49 sec. West North 66 deg. 04 min. 49 sec. West South 33 deg. 57 min. 52 sec. East South 18 deg. 42 min. 02 sec. East North 89 deg. 10 min. 25 sec. East South 38 deg. 23 min. 13 sec. East South 24 deg. 16 min. 05 sec. East South 51 deg. 10 min. 48 sec. West South 32 deg. 39 min. 33 sec. East South 28 deg. 04 min. 43 sec. West 73.94 feet, 48.78 feet, 58.54 feet, 37.38 feet, 46.02 feet, 63.84 feel 28.08 feel 180.87 feet, 110.06 fee~ 85.79 feel 81.33 feel 73.11 feel 49.25 feet, 58.55 feet, 53.12 feet, South 82 deg. 54 min. 21 sec. West 46.53 feet, North 77 deg. 57 min. 36 sec. West 146.19 feet, South 63 deg. 05 min. 10 sec. West 64.68 feet South 04 deg. 56 min. 12 sec. West 73.36 feet South 23 deg. 18 min. 55 sec. East 58.90 feet Soulh 55 deg. 48 min. 53 eec. East 32.68 feet North 86 deg. 48 min. 55 sec. East 82.98 feet South 75 deg. 54 min. 56 sec. East 68.05 feet North 55 deg. 39 min. 06 sec. East 61.71 feet North 14 deg. 48 min. 34 sec. East 92.74 feet North 53 deg. 31 min. 16 sec. East 24.33 feet South 07 deg. 39 min. 07 sec. East 31.57 feet South 11 deg. 06 min. 27 sec. West 49.53 feet South 19 deg. 55 min. 03 sec. East 106.82 feel South 56 deg. 03 min. 02 sec. West 48.86 feel South 77 deg. 01 min. 56 sec. West 61.30 feet South 79 deg. 24 min. 50 sec. West 79.63 feel South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING Ihence along land now or formerly Joseph Frederick Gazza, along land now or formerly Bernice Lettieri, and along other lands now or formerly Joseph Frederick Gazza the following four (4) courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet to the northwesterly corner of land now or formerly Joseph Frederick Gazza; RUNNING thence through land of the party of the first part the following four (4) courses and distances: I. South 64 deg. 27 min. 26 sec. West 287.67 feet, 2. on a curve to.the left having a radius of 755.00 feet a distance of 108.21 feet, 3. North 33 deg. 45 min. 16 sec. West 145.98 feet, Page 2 I I I I I I I I I I I I I I I I I I I South 56 deg. 14 min. 44 sec. West 225.54 feet to the southeasterly corner of land now or formerly Constance J. Terry and the point or place of BEGINNING. CONTAINING an area of 62.2645 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 3 IN WITNESS WHEREOF, Granlor 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: I BY: ~ I ~,~J ~en (Grantor) I ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST (Grantee) BY: I o~n v.H. Halsey D Ifs President I I I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this Z~ day o! December, 1995, before me personally appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York 11962. Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Notary Public I I I I I I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this ~--~day of December, 1995, before me personally appeared JOHN v.H. Notary Public Schedule A: Metes and Bounds Description of the Property. I I Schedule B: Metes and Bounds Description of Ihe Open Area. Schedule C: Metes and Bounds Description of the Development Area. Exhibit A: Conservation Easement Map I I I I I I I I I I I I I I I I I I I EXIIIBIT · Con6ervation Esse~ent Hap 3OX;~5 S TJ~IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECOIU/ING OR FILING I { SUFIrOLK COUiNTY CLERK 1:[808 ~661 t 7 TORRJ~NS OR: RECEIVED DEC TIR/4N8 FER TAX 8UFFOLK ~U~, Sub Total .~"~' . Ileal Property T~ Service Agency Verification 1000 322.00 { 03.00 015.001 1000 DR2.00 [ 03.00 Wiortgage 1. Basic Tax 2. SO~q ¥1v~A Sub Total 3. Spec. lAdd. TOT. MTG. TAX Title Colnpany Information 1 0 I 8 . 003 Company Name CHAI~LEs r.' cuDDy.':EsQ:' : 445 GRIFFING AVENUE P.O. BOX 1547 RtVERHEAD, NY i1901 :'~?':'"'" I~CORD & ]R~TUI~N TO Suffolk County Recording & Endorsement Page This page forms part of the attached DEED OF EASEMENT made by: (Deed, Mortgagc, otc.) Raoul J. Wltteveen The premises herein is situated iu SUFFOLK COUNTY, NEW YORK. In the TOWNof Southold In the VILLAGE or HAMLET of East Marion TO Pecon/c Lanql Trust, T0goruorat~d I I I I I I I I I I I I I I I I I I I AMENDMENT OF DEED OF CONSERVATION EASEMENT THIS AMENDMENT OF DEED OF CONSERVATION EASEMENT, Is made on the /'~' d~y of December, 1996 at Southampton, New York. The parties are RAOUL J. WI~I'EVEEN, residing at 365 Daniels Lane, Sagaponack, New York 11962 (herein called the 'Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-pro19 New Yo~k Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). J~RODUCTIO~. WHEREAS, the Grantor Is the owner In lee simple of approximately 98.38 acres of real property located in the Town of Southold, Sullolk County, New York, known as Final Plat o! Map of Cove Beach Estates, dated November 27, 1996, hereinafter more fully described in Schedule A atlached hereto, and further described as part of Sugolk County Tax Map Pamel Numbers 1000-22-3-15.1 and 18.3, and hereinafter relerred to as the 'Property"; and WHEREAS, the Property is located in the R-80 Zone which is included in the Agricultural Conservation District of the Town of Southold which designation, to the extent possible, is Intended to prevent 1he unnecessary loss of those currently open lands which contain prime agricultural soils as oullined in the Town of Soulhold code, Seclion 100-30; and WHEREAS, lhe Grantor has granted 1o the Grantee, a Conservalion Easemenf dated December 23, 1995, and recorded on December 29, 1995 in the office of the Sulfolk County Clerk as Liber f 1756 page 282 and known as 1he 1995 Easement; and WHEREAS, 1he 1995 Easement reduced the density oi the Property 1rom a yield of thirty four(34) to twenty six (26) single-family residences; and WHEREAS, the Grantor wishes to amend the 1995 Easement on the 98.3B-acre parcel of Property in order to further~ achieve the conservation purposes as set forth in the 1995 Easement by reducing the density of Ihe Property 1o permit not more ~han sevenleen (17) single-family residences with appurtenant slruclures and improvements; and thereby increase the Open Area by 10.59 acres, more fully described in Schedule B atlached hereto, (total Open Area Io equal 46.70 acres) and Io reduce Ihe Development Area by 10.59 acres, more lully described In Schedule C attached h~reto, (total Development Area to equal 51.68 acres), so that a substantial port~on of the Property shall remain in ils open, undeveloped, and scenic state; and NOW THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor Is the owner of the Property described tn SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0,02 Grantee's Stalus Grantee warrants and represents to Grantor that Grantee Is a qualified not-for-profit charitable organizallon under Section 170(h)(3) of the Internal Revenue Code ol 1956, and any amendate~7 or supplemental legislation (herein called '1he Code'), and incorporated under the Not-For-Profit Corporation Law ol New York State for Ihe purpose ol conserving and preserving the unique environmental, agricultural, scenic and natural values of rural lands located In Suffolk County ol Long island. 0.03 Purpose The parties reiterate the environmental, scenic, open space and agricultural values ol the Open Area as set forth in the 1995 Easement. This Deed is Intended to amend the 1995 Easement on the Property by Grantor to Grantee, exclusively for the purpose of perpetually preserving its open space character for environmental, scenic, agricultural and natural values, by increasing the size of the Open Area and reducing the density of permitted development, in I I I ! I I I I I I I I I I I I I I [urtherance of federal, New York State and local conservation policies. 0.04 Government Recoanilion 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 enactment of Environmental Conservation Law, Section 49-0301, et. seq. and 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 {~raPitee's Warranfv Grantee warrants end represents that it possesses the Intent and ability to enforce the terms of this amendment to conservation easement on Ihe Property, and the 1995 Easement ifselt, as determined by its Board of Directors, at a duly constituted meeting of that Board on August 12, 1996 and that the Property satisfies Ihs criteria adopted by Grantee relating to the quality and characteristics of open land that should be protecled and maintained as open land. 0.06 Documentation Both the Grantor and the Grantee acknowledge lhat the condition of the Property has not changed since the granting of the 1995 Easement and that any and all documentation given pursuanl thereto is still relevant and applicable to this amendment. 0.07 Recitation In consideration of the previously recited facls, mutual promises, undertakings and forbearances contained In this amendment, the parties agree upon its provisions, Intending 1o be bound by it. /~TICLE ONE 1.01 Tyoe This Deed conveys an amendment to a conservation easement ( herein called the 1995 Easement). The 1995 Easement is hereby amended as provided In Section 8.02 In the 1995 Easemenl to lurther its conservation purposes. All of the terms of the 1995 Easement except those specifically amended herein, shall remain in tull force and effect. Reference to the "1995 Easement" or its "provisions' in this Deed shatl include any and all of [hose covenants, restrictions, rights, terms and conditions and are Incorporated herein. 1.02 Duration This amendment to Ihe 1995 Easement shall be a burden upon and run with the Property in perpetuity. The covenants, terms, conditions, restrictions and purposes of this amendment fo the 1995 Easement shall run with the Property as an incorporeal interest In the Property, and shall bind the successors and assigns ol each of the parties respecllvely. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all olher individuals end entities. Any rights, obligations, and Inleresle herein granted Io Grantee shall also be deemed granted Io each and every one of ifs subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all ot those persons or entities. Any rights, obligations and interests herein granted by Grantor shall also be deemed granted by each and every one of its subsequent agents, successors and assigns, and the word "Grantor" when used herein shall include all ot those persons or entities. I I I I I I I I I I I I I I I I ! I I ARTICLE 3~/O GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, Ihe interests set forth in Ibis Amendment fo Conservation Easement in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Amendment to Conservallon Easement in perpeluify, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS From and afler Ihe date of this Deed ol Amendment 1o Conservation Easement, the following acts, uses and practices shall be prohibiled lorever upon or wllhln the Property to the extent inconsistent with the 1995 Easement or this amendment of the 1995 Easement: 3.01 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shell Ihe Development Area be subdivided into more than seventeen (17) single-family residential lois as provided in Section 4.01 hereof, and none of Ihe ~7 lots shall be further subdivided in perpetully unless.the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be eulhorized by the Town of Southold Planning Board. 3.02 Develooment Rlahts The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights (and any furlher development righls that may be creafed through a re- zoning of the Property) on the Property, and the parties agree that such rights shall be terminated and extinguished and may not be used or lransferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Structures A. Allowable Residential Improvemenls. Paragraph 4.06A of the 1995 Easement is hereby amended to provide that Grantor shall have Ihe right to construcl no more than seventeen (17) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or olher lamily-scale athletic faciliges. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area. Clearing and grading within each resldenlial Iol shall be limited to that necessary for siting, construcling, renovating, expanding, converting or replacing the residences and appurtenant slructures and improvemenls with the Intent of preserving as much of the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any of ils lots shall be discharged down Ihe face of the blult. 3 I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, Grantor has execuled and delivered and Grantee has accepted and received this Deed of Amendment to Conservation Easemenl on the day and year scl forth above. ACKNOWLEDGED AND ACCE/:qF_D: BY: ~  /~. V~t~eveen (Granlor) ACKNOWLEDGED AND ADGEFTED: PECONIC LAND TRUST (Grantee) .~ v.H. Halsey Ils President STATE OF NEW YORK ) COUNTYOFSUFFOLK ) SS.: On Ihls~ day of December, 1996, before me personally appeared Raoul J. Witteveen, who, being by n~e duly sworn, said thai he resides al 368 Daniels Lane, Sagaponack, New York 1 $962. Grantor mentioned ~'nd described in, and who executed the fore'going Instrument, and he duly acknowledged to me that he executed Ihe same. Notary Public STATE OF NEW YORK ) COUNTYOFSUFFOLK ) SS.: On this I(~ day of December, 1996, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Palh, Town ol Southamplon, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all or the rights and responslbtlilfes under Ihe foregoing Instrument and Ibis Easement conveyed therein; and fhat he signed his name thereto by aulhorgy of Ihe Board of Direclors ol Ihe said CorporalJon. Nolary Public MELAN~ A, 1EBaENS I I I I I I I I I I I I I I I I I I I SCHEDULE A November 27, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.TM. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Entire Parcel ALL that cerlain plol, piece, or parcel o[ land, with Ihe buildings and improvements thereon erected, siluale, lying and being al Easl Marion, Town of Soulhold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING al a point on the northerly side of Main Road al the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being siluale 1776 feet easlerly as measured along the northerly side o[ Main Road from the intersection of the northerly side of Main Road and the easlerly side of Stars Road: RUNNING Ihence from said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. Norlh 25 dog. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feel to lar~d now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: * 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING lhence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feel to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land nowor formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING Ihence North 24 deg. 08 min. 36 sec. Wesl along land nowor formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land nowor formerly Dorothy E. Cook 137.75 feet to the easlerly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 I I I I I I I I I I I I I I I I I I I highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 29. · 29. 30. 31. 32. 33. South 89 deg. 19 min. 53 sec. West 73.94 feet, Norlh 75 deg. 37 min. 52 sec. West 48.79 feet, North 87 deg. 59 min. 45 sec. West 58.54 feet, North 89 deg. 33 min. 38 sec. West 37.38 feet, North 63 deg. 46 min. 47 sec. West 46.02 feet, North 85 deg. 42 min. 49 sec. West 63.84 feet, 'North 66 dag. 04 min. 49 sec. West 28.08 feet, South 33 deg. 57 min. 52 sec. East 180.87 feel, South 18 deg. 42 min. 02 sec. East 110.06 feet, North 89 deg. 10 min. 25 sec. East 85.79 feet, South 38 deg. 23 min. 13 sec. East 81.33 feet, South 24 deg. 16 min. 05 sec. East 73.11 feet, Soulh 51 deg. 10 min. 48 sec. West 49.25 feet, South 32 deg. 39 min. 33 sec. East 58.55 feet, South 28 deg. 04 min. 43 sec. West 53.12 feet, South 82 deg. 54 min. 21 sec. West 46.53 feet, North 77 deg. 57 min. 36 sec. West 146.19 feet, South 63 deg. 05 min. 10 sec. West 64.68 feet, South 04 deg. 56 min. 12 sec. West South 23 deg. 18 min. 55 sec. East South 55 deg. 48 min. 53 sec. Easl North 86 deg. 48 min. 55 sec. East South 75 deg. 54 min. 56 sec. East North 55 deg. 39 min. 06 sec. Easl North 14 deg. 48 min. 34 sec. East North 53 deg. 31 min. 16 sec. East South 07 deg. 39 min. 07 sec. East 73.36 feet, 58.90 feet, 32.68 feet, 82.98 feet, 68.05 feet, 61.71 feet, 92.74 feet, 24.33 feet, 31.57 feet, Soulh 11 deg. 06 min. 27 sec. West 49.53 feet, South 19 deg. 55 min. 03 sec. East 106.82 feet, South 56 deg. 03 min. 02 sec. West 48.86 feet, ,¢ South 77 dog. 01 min. 56 sec. West 61.30 feel, South 79 deg. 24 min. 50 sec. West 79.63 feet, South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, along land now or formerly Bernice Letlieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13) courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.O1 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. 8oulh 25 deg. 30 min. 06 sec. East 608.15 feel, 6. Norlh 81 deg. 12 min. 16 sec. West 312.90 feel, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. Easl 111.96 feet, 10. South 25 deg. 15 min. 36 sec. Easl 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01min. 44sec. East 23.10feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet Io the northerly side of Main Road; Page 3 I I I I I I I I I I I I I I I I I I I RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feel to Ihe point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT Io all rights of way, easements and or covenants ol~ record, if any. Page 4 I I I I I I ! I I I I I I I I I I I December 30, 1996 5CIIEDULE B Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Additional Open Area 1996 ALL that certain plot, piece, or parcel of land, wilh the buildings and improvements Ihereon erected, situate, lying end being at East Marion, Town Southold, County of Su[folk and Slate of New York, known and designated as Lois 15, 16, 17, 23, 24, 25, 29, 30. and 31 as shown on Map o[ Cove Beach Estates, last deled December 6, 1994 and prepared by Young and Young Land Surveyors, Riverhead, New York, more particularly bounded and described as follows: Parcel I - Lots 15 and 16 BEGINNING at a point on the easterly side of Sunsel Lane adjoining Lot 14, as shown on said Map; RUNNING thence from said point o[ beginning Soulh 77 deg. 05 min. 16 sec. East along Lot 14, as shown on said Map, 267.62 feel to Open Space B, as shown on said Map; RUNNING Ihence along Open Space B, as shown on said Map, the following three (3) courses and dislances: 1. South 29 deg. 54 min. 57 sec. West 238.16 feet, 2. South 48 deg. 44 min. 55 sec. Wes1209.66 feet, 3. North 41 deg. 43 min. 51 sec. West 240.00 feet Io.~he easlerly side of Sunget Lane; RUNNING thence along the easterly side o1' Sunsel Lane, Ihe following two (2) courses and dislances: North 56 deg. 14 min. 44 sec. Eas144.51 feet, On a curve to Ihe left having a radius of 330.00 feet for a distance of 249.58 feet 1o Lot 14, as shown on said Map, and the point or place of beginning. CONTAINING an area of 89160 square feet or 2.0468 acres. I I I I I I ! I I I I I I I I I I I I December 30, 1996 Page 2 Parce12-Lot17 BEGINNING at a point on lhe southeaslerly side of Sunset Lane adjoining Open Space B, as shown on said Map; RUNNING thence from said point of beginning South 41 deg. 43 min. 51 sec. East along Open Space B, as shown on said Map, 266.50 feet Io a monument and land now or formerly Jeseph Frederick Gazza; RUNNING Ihence South 64 deg. 27 min. 26 sec. West along Lot 18, as shown on said Map, 237.67 feet to Cove Beach Drive; RUNNING thence along Cove Beach Drive, the following Ihree (3) courses and distances: 1. On a curve Io the left having a radius of 805.00 feet for a dislance o[ 115.37 feet, 2. North 33 deg. 45 min. 16 sec. West 75.00 feet, 3. On a curve to the right having a radius of 40.00 feet for a distance of 62.83 feet to the southerly side of Sunset Lane; RUNNING Ihence Norlh 56 deg. 14 min. 44 sec. East along the soulhedy side of Sunsel Lane 150.00 feet to Open Space B, as shown on said Map, and Ihe point or place of beginning. CONTAINING an area of 51286 square feet or 1.1773 acres. Parcel 3 - Lots 23, 24, and 25 BEGINNING at a point on Ihe easledy side of Cove Beach Drive adjoining Lot 26, as shown on said Map; RUNNING thence from said point of beginning along Lot 26, 27, and Drainage Area B, as shown on said Map, the following four (4) courses and distances: 1. South 89 deg. 45 min. 16 sec. East 210.00 feel, 2. South 14 deg. 45 min. 16 sec. East 100.00 feet, 3. Norlh 75 deg. 14 min. 44 sec. East 100.00 feel, 4. Soalh 47 deg. 25 min. 09 sec. Eas1275.73 feet Io Ihe northwesterly side of Sunset Lane; I I I I I I I I I I I I I I I I I I I December 30, 1996 Page 3 RUNNING thence along the norlhweslerly side of Sunset Lane, the following three (3) courses and distances: On a curve to the right having a radius of 280.00 feel for a dislance of 112.40 feet, South 56 deg. 14 min. 44 sec. West 245.00 feel, On a curve to the right having a radius of 40.00 feet for a distance of 62.83 feet to the easterly side of Cove Beach Drive; RUNNING Ihence along the easterly side of Cove Beach Drive, the following two (2) courses and distances: North 33 deg. 45 min. 16 sec. West 189.96 feet, On a curve to the right having a radius of 545.00 feet for a distance 323.41 to Lot 26, as shown on said Map, and the point or place of beginning. CONTAINING an area of 149542 square feet or 3.4330 acres. Parcel 4 - Lois 29, 30, and 31 BEGINNING at a point on the westerly side of Cove Beach Drive adjoining Drainage Area A, as shown on said Map; RUNNING thence from said point of beginning South 56 deg. 14 min. 44 sec. West along Drainage Area A, as shown on said Map, 225.54 [~el Io a stake and land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry, the following eighl (8) courses and distances: 1. Nodh 24 deg. 12 min. 06 sec. Wes1176.10 feel, 2. Nodh 24 deg. 38 min. 46 sec. West 113.47 feel, 3. North 23 deg. 32 min. 36 sec. Wesl 110.05 feet, 4. North 25 deg. 39 min. 46 sec. West 101.00 feel, 5. North 23 deg. 04 min. 56 sec. Wesl 86.65 feet, 6. North 26 deg. 21 min. 26 sec. West 100.90 feet, 7. North 28 deg. 48 min. 16 sec. Wes1101.34 feet, 8. North 33 deg. 26 min. 56 sec. Wesl 68.56 feet lo the northerly corner of I I I I I i I I I I I I I I I I I I I December 30, 1996 SCHEDULE C Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's' Description - Reduction in Development Area 1996 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erecled, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Lots 15, 16, 17, 23, 24, 25, 29, 30, and 31 as shown on Map o1' Cove Beach Eslates, last daled December 6, 1994 and prepared by Young and Young Land Surveyors, Riverhead, New York, more particularly bounded and described as follows: Parcel 1 - Lots 15 and 16 BEGINNING al a point on the easterly side nj' Sunset Lane adjoining Lot 14, as shown on said Map; RUNNING thence from said point of beginning Soulh 77 deg. 05 min. 16 sec. Easl along Lot 14, as shown on said Map, 267.62 feet to Open Space B, as shown on said Map; RUNNING thence along Open Space B, as shown on said Map, the following Ihree (3) courses and distances: South 29 deg. 54 min. 57 sec. West 238.16 feet, South 48 deg. 44 min. 55 sec. Wes1209.66 feel,,, North 41 deg. 43 min. 51 sec. West 240.00 feet to the easlerly side of Sunset Lane; RUNNING thence along.the easlerly side of Sunset Lane, the following two (2) courses and distances: North 56 deg. 14 min. 44 sec. East 44.51 feet, On a curve to lhe lefl having a radius of 330.00 feet for a distance of 249.58 feet Io Lo114, as shown on said Map, and the point or place of beginning. CONTAINING an area of 89160 square test or 2.0468 acres. I I I I I I I I I I I I I I I I I I I December 30, 1996 Page 2 Parcel 2 - Lot 17 BEGINNING at a point on the southeasterly side o! Sunset Lane adjoining Open Space B, as shown on said Map; RUNNING thence from said point of beginning Soulh 41 deg. 43 min. 51 sec. East along Open Space B, as shown on said Map, 266.50 feet Io a monument and land now or formerly Joseph Frederick Gazza; RUNNING Ihence Soulh 64 deg. 27 min. 26 sec. West along Lot 18, as shown on said Map, 237.67 feet to Cove Beach Drive; RUNNING thence along Cove Beach Drive, Ihe following three (3) courses and distances: 1. On a curve to lhe le[t having a radius of 805.00 feet for a dislance of 115.37 feet, 2. Nodh 33 deg. 45 min. 16 sec. West 75.00 feet, 3. On a curve to the right having a radius of 40.00 feet for a distance of 62.83 feet to lhe southerly side o! Sunset Lane; RUNNING thence Nodh 56 deg. 14 min. 44 sec. East along the southerly side of Sunset Lane 150.00 feel to Open Space B, as shown on said Map, and the point or place of beginning. CONTAINING an area of 51286 square reef or 1.1773 acres. Parcel 3 - Lots 23, 24, and 25 BEGINNING al a point on Ihe easterly side of Cove Beach Drive adjoining Lot 26, as shown on said Map;. RUNNING thence from said point of beginning along Lot 26, 27, and Drainage Area B, as shown on said Map, the following four (4) courses and distances: 1. South 89 deg. 45 min. 16 sec. Eas1210.00 feet, 2. Soulh 14 deg. 45 min. 16 sec. East 100.00 feet, 3. Nodh 75 deg. 14 min. 44 sec. East 100.00 feet, 4. Soulh 47 deg. 25 min. 09 sec. East 275.73 feet Io the northwesterly side of Sunset Lane; I I I I I I I I I I I I I I I I I I I December 30, 1996 Page 3 RUNNING thence along the norlhwesterly side of Sunset Lane, the i'ollowing Ihree (3) courses and distances: 1. On a curve to the right having a radius oi' 280.00 feet for a distance of 112.40 feet, 2. South 56 deg. 14 min. 44 sec. West 245.00 feel, 3. On a curve to the right having a radius of 40.00 feet [or a distance of 62.83 feet to the easterly side of Cove Beach Drive; RUNNING thence along the easlerly side of Cove Beach Drive, the following two (:2) courses and distances: North 33 deg. 45 min. 16 sec. West 189.96 feet, On a curve to Ihe right having a radius of 545.00 feet for a distance of 323.41 to Lot 26, as shown on said Map, and the point or place of beginning. CONTAINING an area of 149542 square feet or 3.4330 acres. Parcel 4 - Lots 29, 30, and 31 BEGINNING at a point on the weslerly side ot Cove Beach Drive adjoining Drainage Area A, as shown on said Map; RUNNING thence from said point of beginning Soulh 56 deg. 14 min. 44 sec. West along Drainage Area A, as shown on said Map, 225.54 del Io a stake and land now or formerly Constance J.' Terry; RUNNING thence along land now or formerly Constance J. Terry, Ihe following eight (8) courses and distanceis: 1. North 24 deg. 12 min. 06 sec. West 176.10 feet, 2. North 24 deg. 38 min. 46 sec. West 113.47 feet, 3. North 23 dog, 32 min. 36 sec. West 110.05 feet, 4. North 25 deg. 39 mtn. 46 sec. West 101.00 feet, 5. North 23 deg. 04 min. 56 sec. West 88.65 feel, 6. North 26 deg. 21 min. 26 sec. West 100.90 feet, 7. North 28 deg. 48 min. 16 sec. West 101.34 I'eet, 8. North 33 deg. 26 min. 56 sec. West 68.56 1eot to Ihe northerly corner of I I I I I I I I I I I I I I I I I I I December 30, 1996 Page 4 land now or formerly Conslance J. Terry; RUNNING thence Nodh 15 deg. 49 min. 14 sec. East 62.15 feet to Lot 26, as shown on said Map; RUNNING Ihence Soulh 79 deg. 16 min. 30 sec. East along Lot 28, as shown on said Map, 321.32 feet to the westerly side of Cove Beach Drive; RUNNING thence along Ihe weslerly side of Cove Beach Drive, the I~ollowing two (2) courses and distances: On a curve to the left having a radius of 595.00 feet for a dislance of 461,90 feet, South 33 deg. 45 min. 16 sec. East 248.97 feel lo Drainage Area A, as shown on said Map, and the point or place of beginning. CONTAINING an area of 171623 square feet or 3.9399 acres. BOXES 5 TIIRU 9 MUST BE TYPED OR PRllX.TED ',N BLACK INK ONLY PRIOR TO RECORDING OR FILING. [SUFFOLK COUNTY CLERK 2 [ 3 I Deed / Mortgage In~h~menl II 9ced / Mortgage Tax Stamp Recordin~ / Filina Slampn 4 ] ~ FEES ~ ~ Mortgage Amt. Page / Filing Fc~ Handling Notatinn EA-SZI7 (County) Sub Total ~ ~ . 3. SpccJAdd. ~P.T.S.A. ]~ .~ Dual Town __Dual Comity Alqm~ionnlcnt Transfer T~ Amdavit ] is or will be impro~d by a one or two Rog Copy .~ Sub Total -~ ] .~ ~ family dwelling only. YES~ or NO Oilier G~ND TOTAL /q ~ If NO, s~ appropriate tax clause on ~';~:. Real Prnpe~y Tax Semite Agency Vcrifitatiun 6 Title Cnmpany Information 1000 02200 0300 ~Oa' I ~CO~ & ~TO~ TO 8 I IADDRESS~ Suffolk Coun Recording & Endorsement Page This page forms part of file attached Conserva e ion Easement made by: (Deed, Modgagc, etc.) Raou~ g. Ni ~eveen The premises herein is situated in SUFFOLK COUNTY, NEW TO hi Ibc TOWN of Son,hold In thc VILLAGE or~MLETof Eas~ ~arion I I I I I I I EASEMENT THiS DEED OF CONSERVATION EASEMENT, is made on the ,~/'~'ay of December, 1997 at Southampton, New York. The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principai ogice at 296 Hampton Road {P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). L~_RODUCTI~ wRi~REAS, the Grantor is the owner in fee simple el approximately 98.38 acres el real property located in the Town of Southold, Suffolk County, New York, known as Final Piat of Map of Cove Beach Estates, dated November 27, 1996, hereinafter more fully described in Schedule A, attached hereto and hereby made a part hereof, and hereinalter referred to as the "Property", further described as Sulfolk County Tax Map Parcet Number 1000-22-3-15.1 and 18.3; and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District el the Town of Southold which designation, to the extenl possible, is intended to prevent the unnecessary loss of those currengy open lands which contain prime agricuSural soils as outlined in the Town of Southold code, Seclion 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Pecenic Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's Office on December 29, 1995 at Libor 11756 Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty tour (34) single family residences to twenty six (26) single lamily residences; and I I I I WHEREAS, the 1995 Deed ol Conservation Easement was amended on December 18th, 1996, which Amendment of Deed of Conservation Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Oflice, to further restrict the Property to seventeen (17) single lamlly residences with appurtenant structures and improvements, thereby creating an Open Area equal to 46.70 acres, and a Development Area equal to 51.68 acres; and WHEREAS, Grantor wishes to further restrict the Property in consideration of the conservation values of the Property and as a product of his own charitable intentions by granting a Conservation Easement over the Property thereby restricting the Development Area to no more than ten (10) single family residences with appurtenant structures and improvements, and lhereby increasing the Open Area from 46.70 acres to 68.82 acres (as described in Schedule B attached herelo) and to reduce Ihe Development Area lrem 51.68 acres 1o 29.56 acres (as described in Schedule C, agached hereto) so fhaf a substantial portion of the Property shall remain in its open, undeveloped and scenic state, and to that end restates the restrictions applicable to the entire parcel; and WHEREAS, the Property contains soils classified as Class I and Class II wodhy of conservation as identified by lhe United State's Deparlment of Agriculture Soil Conservation Service's Soil Sury~, of Sulfolk County. New York: and I I I I i WHEREAS, it is the policy el the Town of Southold, as articutated in the Town's Master Plan of 1973, amended in 1986 and 1989 as e, dopted by the Town Board, Town of Southold code. Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS. the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 leet of frontage on Dam Pond that provides the public with significant scenic vislas el contiguous woodland, wetlands and shoreline; and WHEREAS, the Property contains the Iollowing rare species, classilied as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), ErchStes Megalocarpa (lire weed), Petentilla ansedna, sob species sb.pacifica (silver weed) and Digitaria Filisormis species; and I I I I I I I I I I I I I I I I I WHEREAS, the Properly in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, the Grantor and Grantee recognize the value and special character ol the region in which the Property is located, and the 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 Open Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, the Grantee has determined it lo be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant a Conservation Easement to the Grantee'tn order to restrict the further development of the Property while permitting compatible .uses thereof; NOW, THEREFORE: 0.01 Grantor's Warranty Grantor warrant.~ 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 qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long island. D.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Granlee, exclusively for the purpose ol preserving its open space character in perpetuity for environmental, scenic, agricugural and natural values, by preventing the use or development of the Open Area lot any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and IocaI conservation policies. 0.04 Government Recoanition 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 enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government inctudes Section 170(h) of the Internal Revenue Code and other federa[ statutes. 0.05 Grantee'~ W~rrantv Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Proper[y, es determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, 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. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purposes Ct this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition Ct the Property at the time of the gift of this Easemenl. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aeslhetic 2 I I I I I I I I I I I I I I I I I I resources and otherwise to aid in identifying and documenting the Property's open space valu~.s as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Granlor's lull cooperation, an inventory of the Propedy's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to: an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any, and an acknowledgment page signed by the Grantor and the Grantee which verifies that the Baseline Documentation report accurately represents the condition el the Property at the time el the easement. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of th~ date hereof, the parties shal~ not be foreclosed from utilizing any other relevant or materia~ ~ocuments, surveys, reports, photographs, or other evidence to assist in the resolulion 6f the controversy. 0.07 Recitation in consideration el the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon ifs provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyee This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shail consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Relerence to this "Easement" or its "provisions" in this Deed 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 The covenants, terms, conditions, restrictions and purposes el this Easement shall run wilh the Property as an incorporeal interest in the Property, and sha~l bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Granlor's a~gents, tenants, occupants, heirs, persona~ representatives, successors and assigns and ali other individuals and antilles. 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. AF~'ICLE TWO GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity1 together with all rights to enforce it. Grantee hereby accepts ti-is Easement in perpetuity1 and undertakes to enlorce it against Grantor and all fulure owners, tenants, occupants, assigns and possessors of said Property. 3 I I ~TICLE R~OHIBrr ED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibiled forever upon or within the Property: I ! I I I I I I I I I I I I I I 3.01 Structure. s_ The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes'),'permanent or temporary, on, over or under the Property except pursuant to Section 4.05 and 4.06 hereof. Structures and improvements, including, but not limited to, driveways and agriculiural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials. The excavating, mining or tilling al the Properly except as may be necessary to develop and maintain the singte-family residences and appurtenant structures and improvements permitted in the DeveLopment Area and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consenl of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the singLe-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permilted structures and improvements in the Open Area and for purposes of erosion control and soil management. Any such activity shall require the written consent of the Grantee, 3,03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which sha~l be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Developmenl Area be subdivided into more than ten (tO) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be further subdivided in perpetuity unless the 1at lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southoid Planning Board. 3.04 Dumeing The dumping or accumulation of unsightly or offensive materials including, bul not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sians The display of signs, billboards, or advertisements on the Property except signs, whoso placement, number, and design do not significantly diminish the scenic character el the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Clearing and Landscar)ino Activitie_s Clearing or grading within the Open Area, except with lhe prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Othe[wise, the Open Area sha[~ remain in a natural state, and maintenance el the naturai vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. I I I 3.07 Uti[itie~ Tho creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solety to service the permitted structures. 3,08 T~e use of the Property lot any commercial or industrial purpose except that agricultural.uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. I I I I I 3.09 Development Ri(]hts The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights (and any further development rights that [nay be created through a rezoning of the Property) on the property, and the parties agree that such rights shall be terminated and extinguished and may not be used or translerred lo any other pamels. ARTICLE FOUR GRANTORS RIGHTS 4.~ Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. ~ Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use I I I I I I I I Grantor shall have the right to use the Property in any manner and lor any purpose consistent with and not prohibited by this Easement as well as applicable local. New York Stale, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscao[ne Activities Grantor shall have the right to continue the historical 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, dangerously decayed or damaged on the Properly. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent ol Grantee and review by the Town ol Soulhold Planning Board to insure proper maintenance and preservation of the natural bulfer on Long Island Sound. 4,05 Aaricu[tural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cullivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within t00 feet of lhe rare species so that agricullural use of the soil and the application of herbicides cannot aflect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beel or dairy cattle, or similar domestic 5 I I I I I I I I I I I I I I I I I livestock, may be constructed, maintained or replaced by Grantor with the prior written consent el the Grantee. 4,06 A. Allowable Residential Improvernents. Grantor shall have the right to consfruct no more than ten (10) single-family residences with appurtenant structures and improvemenls reasonably necessary 1o serve such residences inc[L~ding, without limitation, driveways, garages, storage sheds, septic systems and leeching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facil[ties?~ Ali such residences, structures and improvements shelf be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.0'1. Clearing and grading within each residential tot shall be limited to thai necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements wilh the intent of preserving as much el the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the b[ug. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: Agricultural Structures, including but not limited to barns and sheds as is necessary for the agriculfura[ use of the Open Area, placed such that they do not detracl from and adversely affect the scenic value of this Easement; and (ii) Underground facilities normally used in connection with supplying utilities, removing sanga~J sewage effluent, and controlling storm water runolf from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanitary disposa~ facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback Item the top of the biufl; and Access Drives, to provide access to the improvements permitted by this para~lraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Acce§s Io the beach down the face el the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the teast threat to lhe stabiigy of the blulf and must be in accordance wgh all applicable permits; and ( i v) Fences, placed such that they do not detract from and adversely affect the scenic value of this Easement; and C. Reptacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection el a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal c~earanca of access routes for construction vehicles. No storm water runoff resulting from the development and improvement of the subdivision or any Of its lots sha~l be discharged down the face of the bluff. I I I I I I I i I I I I I I I I I I 4.07 Notice Grantor shall nolify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee wilh complete documentation including arcl~itectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments ot Grantee shali be given to Grantor within 45 days after att necessary documentation and information is submitted to Grantee. 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 names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically sel forth that the interest thereby conveyed is subject Io this Easemenl, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specilically setting forth the date, office, I[ber 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 GRANTORS 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 these payments. II Grantor fails to make such payments, Grantee is authorized to make such payments (but sha~l have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate pubiic office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the itom if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest fr(~m time to time charged by Citibank, N.A. ~.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep 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 Thir~_Partv Claims Grantor shall indemnily 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 ol 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. 7 I I I I I I I I I I I I I I I I I ~_RA~S RIGHTS 6.01 Entry and Inseection Grantee shall have the right to enter upon the Property at reasonabie times, upon reasonable prior notice to Grantor, and in a manner that will not intertere with the Grunter'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 a~cess upon lhe Properly by the public. 3.02 Rest~ratio_Q 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 the Grantee may reasonabiy deem necessary However, it is understood and agreed by tho parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grunter's control, including, without limitation, lire, 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 the Property resulting from such causes. 6.03 Enforcement Riehts of Grantee Grantor acknowledges and agrees that Granlee'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 obiigation on Grunter's part to be observed or pedormed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Granlee's reasonable iudgment, 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 agected by such breach, default or violation to the condition that existed prior thereto or on the date befool, or to such condition as is expressly permitted hereby or as may be pursuant to Ihe terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enlorce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirabte to ensure compliance with lhe terms, conditions, covenants, obligations and purposes of lhi~ Easement; provided, however, that any failure, delay or election to so act by Grantee shall riel be deemed to be a waiver or a forleiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. ~4L No W~jve[ 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 shatl not have the elfect el 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 As~ Grantee shall have the right to assign any and alt 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 "qualified organization" means a not-for-profit corporation or govemmenta[ 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 Section 170(h)(3) o! the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 I I I I I I I I I I I I I I I I I I Asslgnee's successors to carry out the purposes el this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 6~_6 Successio_Q II at any time Grantee or any successor or assignee is unable to enforce this Easement fully or lairs to do so, or il Grantee or any successor or assignee ceases to exist or ceases to be a qualified organizalion under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such other 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 Easemer~ 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 qu~[lified organization in accordance with a cy pres proceeding brought in any court of competenl jurisdiction. 6.07 Extinouishment This easement gives rise to a properly right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shal[ be equal lo the difference, as of Ihe date hereof, between the fair market value of the Properly subject to this Easement and the fair market value of the Property il 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 unforeseeable change in the conditions surrounding the Properly makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sate, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. 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 lhe restrictions imposed by this Easement or otherwise eflectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the fuli 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 ef the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights el 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 et eminent domain as aforesaid. 6.08 No Public Access Nothing contained in this Easement granls, nor shaft be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. 7.01 Entire Un~erstandino 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. I I I I i I I I Z,Q2 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 in such manner as may be indicated by the internal Revenue Service, as a result of linal determination after audit of the lederal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply relroactively in the same manner as il such amendment or amendments had been set forth herein. This Easement can be terminated or modified onJy in accordance with the common and statutory',[aw of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modilicalion of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes gl 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 lailing to qualily as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law gl the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge that the boundaries gl the Open Area and the Development Area may have to be adjusted as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots .or primary structures to be developed by the Granlor. 7.~everebilit~ I I I I I 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 gl this Easement which is determined to be invalid or unenlorceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. Z.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notre must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage alfixed and with return receipt 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 President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. I I I I I 7~9_5 G0verrlin~ New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, inotuding validity, construction, interpretation, breach, violation and performance. 7.06 Interoretati~ Regardless et any contrary rule of construction, no provision of Ihis Easement shali 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 shail be construed against the party whose attorney drafted il. If any provision of this Easement is ambiguous or shall be subject to two or mere 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 as intended by Grantor. Any rule gl strict construction designed to limit the breadth of I I I I I I I I I I I I I I I I I the restrictions on use of the Property shall not apply in the construct[on or interpretation ef this Easement, and. this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. 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 ali part[es to effectuate its purposes. 7.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 Recordin9 Grantee shall record this Easement in the land records of the office ot the Clerk of the County of Suffolk, State of New York. Z~9 Headinos The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in [ts conslruction. I I I I I I I I I I I I I I I I I IN W~TNESS 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. BY__tot) ACKNOWLE.DG ED AND ACCEPTED: PECONIO LAND TRUST,(Grantee) BY: ~,~.,~. ~,. ~ its President STATE OF NEON YORK ) COUNTYOFSUFFOLK ) SS.: On this ~ day of December, 1997, before me personalty appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Public Julie G. ~ska No. 01Tl5064466 Notary Public State of New York Qualified in Suffolk County STATEOFNEWyORK ) Commission Expires COUNTY OF SUFFOLK ) SS.: On this ~fl~' day of December, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECON[C LAND TRUST, INCORPORATED, the Grantee menlioned ~nd described in and which acknowledged and accepted ali of the rights and responsibilities under the loregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. Public Julie G. Tiska No. 01TI5064466 Notary Public State of New York Qualified in Suffolk County Commission Expires SCHEDULE A: Metes end Bounds Description of the Properly. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 12 I I I I I I I I I I I I I I I I i SCHEDULE "A" November 27, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Entire Parcel ALL that certain plot, piece, or parcel of land, with the buildings and improv.ements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State or New York, bounded and described as follows: ' BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West . 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land nowor formedy Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South }8 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land nowor formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 06 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land nowor formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 I I I I I I I I I I I I I I I I I 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 mtn. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et aL; RUNNING thence North 61 deg. 16 min. 04 sec. East along land now or former!y Otto Uhl, Jr. et al to land now or formerly Constance J. Terry; RqNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 2. 3. Norlh 24 deg. 12 min. 4. North 24 deg. 38 min. 5. North 23 deg. 32 min. 6. North 25 deg. 39 min. 7. North 23 deg. 04 min. 8. North 26 deg. 21 min. 9. North 2B deg. 48 min. 10. North 33 deg. 26 min. Otto Uhl, Jr. et al.; South 25 deg. 31 min. 36 sec. East 836.45 feel North 65 deg. 47 min. 54 sec. East 288.00 feet 06 sec. West 176.10 feet 46 sec. West 113.47feet 36 sec. West 110.05feet 46 sec. West 101.00feet 56 sec. West 88.65 feet 26 sec. West 100.90feet 16 sec. West 101.34feet 56 sec. West 68.56 feet to land now or formerly RUNNING thenc North 61 deg. 22 min. 14 sec. East along land now or formerly Otto Uhl, Jr. et al 97.62 feet to the southeasterly corner of land now or formerly Otto Uhl, Jr, et al; RUNNING thence through land of the party of the first part the following ten (10) courses and d(stances: 1. South'84 deg. 52 min. 22 sec. East 164.13 feet, 2. on a curve to the right having a radius of 60.00 feet a distance of 203.36 feet, 3. on a curve to the left having a radius of 40.00 feet a distance of 34.00 feet, 4. on a curve to the left having a radius of 900.00 feet a distance of 209.64 feet, ~ 5. on a curve to the right having a radius of 2250.00 feet a distance of 263.01 feet, 6. South 66 deg. 01 min. 44 sec. East 183.36 feet, 7. on a curve to the right having a radius of 170.11 feet a distance of 187.23 feet, 8. North 44 deg. 01 min. 27 sec. East 404.16 feet, 9. South 71 deg. 27 min. 16 sec. East 110.00 feet, 10. North 18 deg. 32 min. 44 sec. East 428.72 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following four (4) tie line courses and distances: 1. South 71 deg. 06 min. 21 sec. East 210.19 feet, 2. South 82 deg. 49 min. 39 sec. East 69.50 feet, 3. South 76 deg. 56 min. 14 sec. East 108.12 feet, 4. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gitlespie, Jr. and David Gillespie; Page 2 I I I I I I I I I I I I I I I I highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 2. 3. 4. 5. 7.~ 8. 9. 10. 11. 12. 13. 15. 16 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. South 89 deg. 19 min. 53 sec. West 73.94 feet North 75 deg. 37 min. 52 sec. West 48.78 feet North 87 deg. 59 min. 45 sec. West 58.54 feet North 89 deg. 33 min. 38 sec. West 37.38 feet North 63 deg. 46 min. 47 sec. West 46.02 feet North 85 deg. 42 min. 49 sec. West 63.84 feet North 66 deg. 04 min. 49 sec. West 28.08 feet -South 33 deg. 57 min. 52 sec. East 180.87 feet, South 18 deg. 42 min. 02 sec. East 110.06 feel North 89 deg. 10 min. 25 sec. East 85.79 feet South 38 deg. 23 min. 13 sec. East 81.33 feet South 24 deg. 16 min. 05 sec. East 73.11 feet South 51 deg. 10 min. 48 sec. West 49.25 feet South 32 deg. 39 min. 33 sec. East 58.55 feet South 28 deg. 04 min. 43 sec. West 53.12 feet South 82 deg. 54 min. 21 sec. West 46.53 feet North 77 deg. 57 min. 36 sec. West 146.19 feet, South 63 deg. 05 min. 10 sec. West 64.68 feet, South 04 deg. 56 min. 12 sec. West South 23 deg. 18 min. 55 sec. East South 55 deg. 48 min. 53 sec. East North 86 deg. 48 min. 55 sec. East South 75 deg. 54 min. 56 sec. East North 55 deg. 39 min. 06 sec. East North 14 deg. 48 min. 34 sec. East North 53 deg. 31 min. 16 sec. East South 07 deg. 39 min. 07 sec. East South 11 deg. 06 min. 27 sec. West South 19 deg. 55 min. 03 sec. East South 56 deg. 03 min. 02 sec. West South 77 deg. 01 min. 56 sec. West South 79 deg. 24 min. 50 sec. West South 16 deg. 48 min. 29 sec. West Joseph~Frederick Gazza; 73.36 feet, 58.90 feet, 32.68 feet, 82.98 feet, 68.05 feet, 61.71 feet, 92.74 feet, 24.33 feet, 31.57 feet, 49.53 feet, 106.82 feet, 48.86 feet, 61.30 feet, 79.63 feet, 20.47 feet to land now or formerly RUNNING thence along land now or formerly Joseph Frederick Gazza, along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13) courses and distances: 1. North 87 deg. 2. North 00 deg. 3. North 89 deg. 4. South 89 deg. 5, South 25 deg. 6. North 81 deg. 7. South 32 deg. 8. South 27 dog, 9. South 27 deg. 10. South 25 deg, 11. 12. 13. 08 min. 46 sec. West 103.77 feet, 35 min. 14 sec. East 9.00 feet, 05 min. 36 sec. West 450.01 feet, 43 min. 34 sec. West 520.88 feet, 30 min. 06 sec. East 608.15 feet, 12 min. 16 sec. West 312.90 feet, 12 min. 06 sec. East 144.10 feet, 10 min. 36 sec. East 71.14 feet, 49 min. 46 sec. East 111.96 feet, 15 min. 36 sec. East 598.78 feet, South 26 deg. 45 min. 36 sec. East 387.32 feet, North 63 deg. 01 min. 44 sec. East 23.10 feet, South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 I I I I I I I I I I I I I I I I I RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way1 easements and or covenants of record, if any. Page 4 I I I I I I I I I I I I I I I I I SCHEDULE "B" November 26, 199(3 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Open Space Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southo~d, County of Suffolk and State of New York, bounded and described as follows: · BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersechon of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel end Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formedy Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South ~]8 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 0(3 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly .John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 I I I I I I I I I I I I I I I I I North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51min. 34sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. North 61 deg. 16 min.i 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min. 46 sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. the following four (4) courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following riflemen (15) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 210.19 feet, 13. 14. 15. South 82 deg. 49 min. 39 sec. East 69.50 feet, South 76 deg. 56 min. 14 sec. East 108.12 feet, South 81 dog 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gdlespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and 'David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate Page 2 I I I I I I I I I I I I I I I I I RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. South 89 deg. 19 min. 53 sec. West 73.94 feet, North 75 deg. 37 min. 52 sec. West 48.78 feet, North 87 deg. 59 min. 45 sec. West 58.54 feet, North 89 deg. 33 min. 38 sec. West 37.38 feet, North 63 deg. 46 min. 47 sec. West 46.02 feet, North 85 deg. 42 min. 49 sec. West 63.84 feet, North 66 deg. 04 min. 49 sec. West 28.08 feet, South 33 deg. 57 min. 52 sec. East 180.87 feet South 18 deg. 42 min. 02 sec. East 110.06 feet North 89 deg. 10 min. 25 sec. East 85.79 feet, South 38 deg. 23 min. 13 sec. East 81.33 feet, South 24 deg. 16 min. 05 sec. East 73.11 feet, South 51 deg. 10 min. 48 sec. West 49.25 feet, South 32 deg. 39 min. 33 sec. East 58.55 feet, South 28 deg. 04 min. 43 sec. West 53.12 feet, South 82 deg. 54 min. 21 sec. West 46.53 feet, North 77 deg. 57 min. 36 sec. West 146.19 feet South 63 deg. 05 min. 10 sec. West 64.68 feet, South 04 deg. 56 min. 12 sec. West 73.36 feet, South 23 deg. 18 min. 55 sec. East 58.90 feet, South 55 deg. 48 min. 53 sec. East 32.68 feet, North 86 deg. 48 min. 55 sec. East 82.98 feet, South 75 deg. 54 min. 56 sec. East 68.05 feet, North 55 deg. 39 min. 06 sec. East 61.71 feet, North 14 deg. 48 min. 34 sec. East 92.74 feet, North 53 deg. 31 min. 16 sec. East 24.33 feet, South 07 deg. 39 min. 07 sec. East 31.57 feet, South 11 deg. 06 min. 27 sec. West 49.53 feet, South 19 deg. 55 min. 03 sec. East 106.82 feet, South 56 deg. 03 min. 02 sec. West 48.86 feet, South 77 deg. 01 min. 56 sec. West 61.30 feet, South 79 deg. 24 min. 50 sec. West 79.63 feet, South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Jaseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13) courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 59878 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 rain 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. I I I I I I I I I I I I I I I i ! CONTAINING an area of 68.8177 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 I I I I I I I I I I I I I I I I I 11869 975 November 26, ~996 SCttEDULE "C" Cove Beach Estates at East Marion, Town of Southold, New York $.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Development Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southoid, County of Suffolk and State of New York, bounded and described as follows,: BEGINNING at a point marking the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence from said point of beginning along land now or formerly Otto Uhl, Jr. et al. the following three (3) courses and distances: 1. North 24 deg. 21 min. 26 sec. West 833.61 feet, 2. North 45 deg. 03 min. 26 sec. West 67.42 feet, 3. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following twelve (12) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 2. South 62 deg. 51 min. 09 sec. East 3. South 13 deg. 33 min. 58 sec. East South 41 deg. 24 min. 15 sec. East 5. South 35 deg. 17 min. 27 sec. East 6. South 54 deg. 42 min. 50 sec. East 7. South 61 deg. 51 min. 04 sec. East 8. South 67 deg. 52 min. 44 sec. East 9. Soulh 73 deg. 20 min. 32 sec. East 10. South 70 deg. 23 min. 39 sec. East 11. South 73 deg. 28 min. 00 sec. East 12. South 71 deg. 06 min. 21 sec. East 28.26 feet 201.85 feet 39.20 feet 85.68 feet 447.02 feet 142.20 feet 142.78 feet 167.49 feet 501.35 feet 215.43 feet 227.73 feet 61.36 feet to a point; RUNNING tt~ence through land of the party of the first part the following ten (10) courses and distances: 1. South 18 deg. 32 min. 44 sec, West 428.72 feet, 2. North 71 deg. 27 min. 16 sec. West 110.00 feet, 3. South 44 deg. 01 min. 27 sec. West 404.16 feet, 4. on a curve to the left having a radius of 170.11 feet a distance of 187.23 feet, 5. North 66 deg. 01 min. 44 sec. West 183.36 feet, 6. on a curve to the left having a radius of 2250.00 feet a distance of 263.01 feet, 7. on a curve to the right having a radius of 900.00 feet a distance of 209.64 feet, 8. on a curve to the right having a radius of 40.00 feet a distance of 34.00 feet, 9. on a curve to the left having a radius of 60.00 feet a distance of 203.36 feet. 10. North 84 deg. 52 min. 22 sec. West 164.13 feet to southeasterly corner of land now or formerly Otto Uhl, Jr., et at and the point or place of beginning. CONTAINING and area of 29.5606 acres. I I I I I I I I i I I I I I I I ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR ,DF VIT~kL STATISTICS MAR~.IAGE OFFICER RECORDS MZ~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197][ Fax ~516) 765-1823 Telephone ~516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 17, 1998: WHEREAS, it is the policy of the Town of Southold to preserve prime agricultural soils and to protect the scenic, open space character of the Town; and WHEREAS, the Town of Southold's Master Plan of 1973, amended in 1986 and 1989, has taken the following actions to clearly define, delineate and implement its policy to preserve prime agricultural soils and to protect the scenic, open space character of the Town, specifically by the adoption of; Section 272-a of the code of the Town of Southold, for the preservation of prime agricultural soils, the protection of the scenic, open space character of the Town and to preserve the Town's resort and agricultural economy. Section 59-10 through 59-60 of Local Law No. 2-1988 adopted by the Town Board of the Town of Southold on 3-22-88 known as Open Space Preservation legislation, finds that the acquisition of open space in the Town of Southold, if preserved and maintained in their present open state, is in the public interest and a proper purpose of the Town in accordance with the findings and determination of the New York State Legislature, as set forth in Section 247 of the General Municipal Law. Sections 97-10 through 97-33 of the Code of the Town of Southold known as Wetlands, to preserve, protect, and to maintain the Town's wetlands for the protection of its citizens. WHEREAS, Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11030, is the owner in fee simple of 98.8 acres land situate southerly by the Main Road, easterly by Dam Pond, northerly by Long Island Sound, and westerly by lands of others, in East Marion, New York; further identified as Suffolk County Tax Map Parcel #1000-022.000-03.00- 15.1 and 18.3; and WHEREAS, the soils on Raoul Witteveen's property have been identified by the United State's Department of Agriculture Soil Conservation Service's ,Soil Survey of Suffolk County. New York as prime agricultural soils of Class I and Class II quality; and WHEREAS, portions of Raoul J. Witteveen's property contain pristine woodland areas that offer the public scenic vistas of the same; and I I I I I I I I I I I I I I I I I '~-IEREAS, significant portions of Raoul J. Witteveen's property include pristine saltwater wetlands and approximately 650 feet of undisturbed pristine frontage on Long Island Sound; and WHEREAS, the Town Board wishes to encourage other methods of open space and farmland preservation including the vdluntary granting of conservation easements by private landowners to private conservation organizations; and WHEREAS, Raoul Witteveen has granted a Conservation Easement to the Peconic Land Trust on December 23, 1995, and recorded in the County Clerk's office on December 25, 1995 in Liber 11756 cp 282 which reduced the density of the Property from 34 to 26 lots and which Easement was amended on December 12, 1996 and recorded on December 31, 1996 in Liber 11808 cp 661, which further reduced the density of the Property from 26 lots to not more than 17 Iots; artd WHEREAS, Raoul Witteveen has granted a second Conservation Easement to the Peconic Land Trust on December 29, 1997, recorded in the office of the Suffolk County Clerk on December 29, 1997, in Liber 11869 cp 975, which further reduces the density on the Property to not more than 10 lots; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Conservation Easements conveyed by Raoul Witteveen to Peconic Land Trust are pursuant to the Town's clearly delineated public policy to preserve prime agricultural soils and to protect the scenic, open space character of the Town, and that said conveyances will yield a significant public benefit, and; BE IT FURTHER RESOLVED, that the Southold Town Clerk forward a copy of this resolution to Mr. Raoul J. Witteveen c/o Interpool, Inc. 633 Third Avenue, New York, NY 10017; and to the Peconic Land Trust, P.O. Box 2088, Southampton, New York 11969. Southold Town Clerk March 18. 1998 2~6~8 ~,,,,,~,~.r~ / .~ ~LE~A~ 9,] ~E~ 30 F'H I~ ~9 Sesi~l ~ _ ~T~ SUFFOLK COUNTY ~r~, C,~., .. 21688 EA-52m? (C~nly) --~ Stmb Tmam R.P.T.S.A. ~ · ~ TOT. MTG. TAX m Dunl Tow. ~-- I)lmnl C(.mly ._~ CcfliIic[I Copy ~ ~ ~ ~ Mam~si[)ll Tax ...... Sub Tolal ~ ~ ~ ~ ~ dwelli.8 o.ly. CtlARLES R. CUDDY. ESQ. c,~h~o,~, ~,,,~_ 445 GRIFFING AVENUE Payer sa,ne P.O. BOX 1547 RIVERHEAD, NY 11901 7 (AI)DR~SS) ~ ~ Suffolk Count~ Recording & Endorsemenl Page Thispage[onm~spa~orlhcallachcd DEED OF CONSERVATION EASEMENT madehy: I I I I I I I I I I I I I I I I I I I DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the 30th of December, 1998 at Southampton, New York. The parties are NFRE Development Corp., a New York Corporation having its office at 633 Third Avenue, New York, NY 10017 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPOKATED, a not-for-profit New York Corporation, having a principal of flee at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 (herein called "Grantee"). IIqTRODUI~I'ION WHEREAS, Grantor is the owner in fee simple of 6.4 acres of certain real properly located in the Town of Southold, Suffolk County, New York, and hereinafter referred to as the "Entire Property"; and WHEREAS, the Entire Property is located in the Low Density Residential R-gO Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of lhose currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, Grantor wishes to grant a Conservation Easement on a 2.6-acre portion of the Entire Property, described in Schedule A, attached hereto, further identified as SCTMg 1000-22-3-28 &2~, ~nd hereinafter referred to a~ the "Property" which will reduce the density from a yield of 2 single-family residences to zero (0), so that the Property shall remain in its open, undeveloped, and scenic state; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town law, to protect environmentally sensitive areas, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultoral economy; and WHEREAS, the Property has approximately 271 feet of frontage on Long Island Sound that provides the public with significant scenic vistas of woodland, wetlands and shoreline; and WHEREAS, the Property, which is located on Long Island Sound in the Town of Southold, contains designated tidal wetlands that should be preserved pursuant to Section 97-10 to 97-33 of the Code of the Town of Southold known as Wetlands, for the purpose of protecting, preserving, and maintaining the Town's wetlands for the protection of its citizens; and WHEREAS, the Property contains designated tidal wetlands that should be preserved pursuant to the New York State Environmental Conservation Law Article 25 and 6NYCILR Part 66 I; and WHEREAS, Grantor has granted to conservation easements on 98.38 acres of property known as "Cove Beach" which is contiguous to the Entire Property herein referred to, which demonstrates that this conservation easement is a part cfa larger conservation plan; and WHEREAS, the Town of Southold has passed a Resolution at a regular meeting of the Southold Town Board held on March 17, 1998 in support oftbe protection of the lands known as "Cove Beach"; and WHEREAS, this conservation easement will protect additional acreage in an area already determined to be worthy of public and private conservation efforts; and WHEREAS, the Property in its present scenic, open and woodland condition has substantial and significant value as an aesthetic, beach ftont, and wetland resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Proper~ 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 Conservation Easement to Grantee in order to restrict the further development oftbe Property while permitting compatible uses thereof; I I ! I I I I I I I I I I I I I I I I NOW THEREFORE: 0.01 Grantur's Warranty Grantor warrants and represents to the Grantee that G~antor is the owner of the Property deserthed in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Stares Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) oftbe Internal Revenue Code of 1986, (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space, wetland, and woodland 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, and natural values, by preventing the use or development oftbe Proper~ 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 Government Reeotmition 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 enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Simdar recognition by the federal government includes Section 170(h) of the Intarnal Revenue Code and other federal statutes. Grantee's Warranty Grantee warrant~ and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on December 14, 1998 and that the Property satisfies the criterta adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation Grantee acknowledges by acceptance of this Easement that historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the eoodition of the Property at the time of ibc gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildh fe, watershed, scenic, woodland and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as oftbe date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This documentation includes, but is not limited to, an aerial photograph, photographs of the Property, a topographical map, a description and site plan o f 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 oftbe Grantor's historical and present 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 1o assist in the resolution of the controversy. 0.07 Recitati~jl 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. I I I I I I I I I I I I I I I I I I I 1.01 T_ .vpe This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist oftbe covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in the Deed 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. The covenants, terms, conditions, restrictions and purposes of this Easement shall ran with thc Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Orantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and 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. GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all fights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. ARTICLE THREE 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 The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property shall be prohibited. 3.02 I~xcavation and Remnval of Materials: Minin~ The excavating or filling oftbe Property shall be prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except for purposes of erosion control and soil management, which will require the prior written consent of Grantee, which shall not be unreasonably withheld if the activity does not defeat or derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning oflhe Property shall be prohibited without the prior written consent of Grantee. which shall be granted if that subdivision or partitaon does not defeat or derogate from the purposes of this Easement. I I I I I I i I I I I I I I I i I i I 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Properly. 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 which will not defeat or derogate from the purposes of this Easement. Grantor shall have the right to continue the historical 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, dangerously decayed or damaged, without the prior written consent of Grantee. Clearing, cutting and g~ading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and invasive plant species. Such clearing, culling and grading shall be subject to the prior wrii~en consent of Gratuee and review by the Town of Southold to ensure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 lmt~rovements A. Allowable Non-Residential Improvements and Structures. Grantor shall have the right to erect and maintain the following non-residential improvements and sWactures on the Properly which are necessary to and consistent with the uses as permitted in Section 4.03 and 4.04 hereof, with the prior written consent of Grantee: (i) Trails, to provide access for landscaping and maintenance as allowed in this easement, are permitted with the prior wrillen consent of Grantee and any regulatory approvals which may be necessary. (ii) Dune fences, speeifically to prevent beach erosion, and so long as they are consistent with the uses and the purposes of this easement, are permitted. Fences must be placed so that they do not materially block or deUact from the seethe view, and may only be constructed with the prior written consent of Grantee and any regulatory approvals, which may be necessary. B. Replacement of Improvements and Structures In-Kind In the event of damage resulting from casualty to an extent which renders repair of any existing structure impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction. The use and location of any improvement and simcture permri~ed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement or structure shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to insure that storm water runoff will not car~ eroded and other deleterious materials into Long Island Sound and the wetland area, including but not limited to minimal removal of vegetstion. ~06 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the ProperS' which could adversely affect the environmental, scenic, and woodland values which are the subject of this Easement. This includes the construction of any permanent or temporary improvements as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such improvements or structures, and plans for any prolx)sed improvements or structures which are subject to Grantee's approval, whose approval shall not be unreasonably withheld. 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. I I I ! I I I I I I I I I ! I I I i I Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor must also obtain any required governmental approvals for the action. 4.07 Alienability Grantor shall have the right to convey all or any part of its remaining interest in thc Propc~y but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including thc full name and mailing address of any Grantee, and thc individual principals thereof, under any such conveyance. Thc instrument of any such conveyance shatl specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment Glebe terms of this Easement, and shall incorporate this Easement by reference, specifically setting for thc date, office, liber and page oftbe recording hereof. Thc failure of any such instrument to comply with thc provisions hereof shall not affect Grantee's rights hereunder. 5.01 Taxes and Assesament.~ Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a ben on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, staternem or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property Glebe same prioriiy as the dcm if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemni0cation Grantor shall indemnify and hold Gmtuee 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 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 ProperOff, 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 oftbe 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. GIL&NTEE'S RIGHT.~ 6.01 Etury and Inane~tion Grantee shall have the right to enter upon the Property at reasonable tirnes, upon reasonable prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet usc 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 reasonable deem necessary. However, it is understood and agreed by the parties hereto that Grantor shall'not be liable for I I I I I I I I I I I I I I I I I I I 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 Enfomement Riahts 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 eqmty, in the event any breach, default or violation of any term, provision, covenant or obligation on Gramor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) 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 fi) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, or (ii) To enter upon the Property and exercise reasonable efforis to terminate or cure such breach, default or violation and/or to cause the restoration of that pm-lion oftbe 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 v~olation 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, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in eonneefion 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 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 Assi~enabili _ty 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 "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 Section 170(h)(3) of the code, which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(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 m exist or ceases to be a qualified organization under ER.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 m this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in the Tow~ of Southold or if such Town will not accept this Easement, then in another qualified organization, in accordance with a cy pres proceeding brought in any court of competem jurisdiction. 7 I I I I I I I I I I I I I I I I I I I 6.07 Extinguishment This Easement gives rise to a property 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 bc equal to the difference, as of thc 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 lhis 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 usc for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal the Proportionate Share of the fair market value of thc Propet~y at such time. In the event ora 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 cstahbsh fair market value. Absent such a sale, the Property's fair markct value shall bc established by independent appraisal. If all or any part of the Proporty 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 shell 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 thc 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 6.07 shall be in addition to, and not in limitation of, any rights they may have my 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. 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 is made with the intention that it shall qualify as a Conservation Easement in perpetuity under hR.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only 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. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, 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 agTee to any amendments hereto that would result in this Easement failing to qualify as a valid Consemation Easement under Article 49, Title 3 of the Environmental Conservation Law o f the State of New York, as the same may he hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified conservation contributions". 7.03 SeverahilOv 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 I I I I I I I I I I I I I I I I I I I Easement that is determined to be invalid or unenfomeable by a court shall be severed from 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 registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with rehirn receipt 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, rccitad herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 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 performance. 7.06 Intcmretatinn Regardless of any contrary rule of construction, no provision of this Easement shall bc construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity ~n this Easement shall be construed aguinst thc party whose attorney drafted it. If any provision or this Easement is ambiguous or shall bc 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 as intended by Grantor. Any rule &strict construction designed to limit thc breadth of thc restrictions on usc of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall he interpreted broadly to effect the purposes of this Easement as intended by Grantor. 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 m effectuate its purposes. 7.07 Public Acce~ Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any fight to enter upon the Property~ 7.08 Warranties Thc wanmnties and representation made by the parties in this Easement shall survive its execution. 7.09 Recordin~ 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. I I I I I I I I I I I I I I I I I I I Fbi 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: NFRE DEVELOPMENT CORP. (Grantor) BY: ~ Title~l~~ ACKNOWLEDGED AND ACCEPTED: PECONIC LAND 'IRUST (Grantee) BY: re n v.H. Halsey sident STATE OF NEW YORK ) CoLqqTY OF SUFFOLK ) SS: On this ~_"~y of December, 1998, before me personally appeared CHARLES CUDDY, who being by me duly sworn, said that he resides at Hattituck New York, thatheis Asalstant Secretary of NFRE DEVELOPMENT CORP., the Grantor mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. ~!'~i,I f" ' ~ ~ STATE OF NEW YO~ ) ~S ?~ ~~' ":' 't '" CO--OF SUFFOLK ) SS: ~~., ~ this~3~&y of December, 1998, ~fore m~ ~sonalty appea~d JO~ v.H. HALSEY,'wBo being by me duly sworn, said that be resides at 469 Majom Path, To~ of Southampton, New York, that be is President of PECO~C LA~ ~UST, ~CO~O~TED, the Grant~ mentioned and desc~bod m and which acknowledged and acc~led all of tbe rights and ~spensibilities under tbe forgoing ins~ment and this F~sement conveyed therein; and that be si~ed his name thereto by authority of the Board of Di~to~ of tbe said Co.ration. SCHEDULE A: Metes and Bounds Description of the Property 10 I I I I I I I I I I I I i I I I I I I SCHEDULE A Metes and Bounds Description Tax Lot 3.0 All that certain lot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Long Island Sound, which point is 405.00 feet easterly along said high water mark from the northeasterly comer of land now or formerly of Guimaraes and the northwesterly comer of land now or formerly of Cove Beach Estates, Inc., from said point of beginning running easterly along said high water mark as measured by a tie line south 76 degrees 00 minutes east 135 feet; thence south 5 degrees 28 minutes 00 seconds west 466.20 feet; thence north 80 degrees 00 minutes west 100 fee; thence north I degree 25 minutes 20 seconds east 479.52 feet to the point or place of beginning. TOGETHER WITH a right-of-way a minimum of 50 feet wide, within a parcel of land described by metes and bounds as follows: BEGINNING at the southwesterly comer of the premises above described, easterly one course, a distance of 355 feet more or less; thence southerly nineteen course, a distance of 3,900 feet more or less, to the Main Road, Route 25, more particularly described as follows: From the said point of beginning, one course: (1) South 80 degrees 00 minutes, east 355 feet, thence southerly along land of Cove Beach Estates, Inc., and others and along the course of a presently existing paved road nineteen courses: (l) (2) (3) (4) (5) (6) (7) (s) (9) (10) (11) (12) (13) (14) 05) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less South 83 degrees 16 minutes 50 seconds, west 25 feet more or less South 9 degrees 46 minutes 00 seconds, east 202.41 feet South 9 degrees 23 minutes 00 seconds, east I 11.57 feet South 72 degrees 29 minutes 10 seconds, east 170.82 feet South 10 degrees 29 minutes 50 seconds, east 267.72 feet South 16 degrees 40 minutes 20 seconds, east 70.34 feet South 12 degrees 29 minutes 40 South I 1 degrees 15 minutes 40 South 14 degrees 13 minutes 50 South 11 degrees 41 minutes 10 South 14 degrees 06 minutes 30 South 19 degrees 39 minutes 50 South 14 degrees 15 minutes 50 South 14 degrees 55 minutes O0 seconds, east seconds, east seconds, east seconds, east seconds, east seconds, east seconds, east seconds, east 139.02 feet 91.00 feet 192.50 feet 180.95 feet 161.70 feet 144.43 feet 71.14 feet 111.96 feet I I I I I I I I I I I I I I I I i I I ~8 All that certain lot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Long Island Sound which point is 135.00 feet easterly along said high water mark fi.om the northeasterly comet of land now or formerly of Guimaraes and the northwesterly comer of land now or formerly of Cove Beach Estates, Inc., from said point of beginning running easterly along said high water mark as measured by a tie line, north 70 degrees 00 minutes east, 135.00 feet; thence south 2 degrees 44 minutes 30 seconds east, 496.84 feet; thence south 58 degrees 00 minutes west, 100.00 feet; thence north 7 degrees 27 minutes 10 seconds west 507.38 feet to the point or place of beginning. TOGETHER with a right-of-way a minimum of 50 feet wide, within a parcel of land described by metes and bounds as follows: BEGINNING at the southwesterly comer of the premises above described, easterly three courses, a distance of 555 feet more or less; thence, southerly nineteen courses, a distance of 3,900 feet more or less, to the Main Road, Route 25, more particularly described as follows: From the said point of beginning, three courses: (1) North 58 degrees 00 minutes, east 100 feet; thence (2) North 83 degrees 00 minutes, east 100 feet; thence (3) South 80 degrees 00 minutes, east 355 feet; thence southerly along land now or formerly of Cove Beach Estates, Inc., and others and along the course of a presently existing paved road nineteen courses: (0 (2) (3) (4) (5) (6) (7) (8) (9) (10) 01) (12) (13) (14) (15) (16) South 11 degrees 26 minutes 00 seconds east 872 feet more or less South 83 degrees 16 minutes 50 seconds west 25 feet more or less South 9 degrees 46 minutes 00 seconds east 202.41 feet South 9 degrees 23 minutes 00 seconds east 1 l 1.57 feet South 72 degrees 29 minutes 10 seconds east 170.82 feet South 10 degrees 29 minutes 50 seconds South 16 degrees 40 minutes 20 seconds South 12 degrees 29 South 11 degrees 15 South 14 degrees 13 South 11 degrees 41 South 14 degrees 06 South 19 degrees 39 South 14 degrees 15 South 14 degrees 55 South 12 degrees 20 east 267.72 feet east 70.34 feet minutes 40 seconds east 139.02 feet minutes 40 seconds, east 91.00 feet minutes 50 seconds, east 192.50 feet minutes 10 seconds, east 180.95 feet minutes 30 seconds, east 161.70 feet minutes 50 seconds, east 144.43 feet minutes 50 seconds, east 71.14 feet minutes 00 seconds, east 111.96 feet minutes 50 seconds, east 598.78 feet I I I I I I I I I I I i I I I I I I I 11936P $11 (17) South 13 degrees 54 minutes 20 seconds, east 387.42 feet (18) North 75 degrees 53 minutes 00 seconds, east 23.10 feet (19) South 12 degrees 39 minutes 00 seconds, east 242.90 feet, thence to the northerly side of Main Road, Route 25; running thence along the northerly side of said Main Road, one course: (1) North 84 degrees 05 minutes 30 seconds, west 86.53 feet, thence in a northerly direction along lands of Russel, Latham and Terry, twenty-one courses: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) North 10 degrees 31 minutes 00 South 73 degrees 23 minutes 00 North 12 degrees 21 minutes 00 South 85 degrees 23 minutes 20 North 12 degrees 57 minutes 30 North 14 degrees 50 minutes 40 North 13 degrees 03 minutes 20 North 13 degrees 15 minutes 10 North 12 degrees 17 minutes 30 North 14 degrees 05 minutes 20 seconds, west 211.37 feet seconds west 27.55 feet seconds, west 402.42 feet seconds, west 52.24 feet seconds, west 107.40 feet seconds, west 92.60 feet seconds, west 84.75 feet seconds, west 340.95 feet seconds, west 89.30 feet seconds, west 125.12 feet North 13 degrees 22 minutes 00 seconds, west 243.90 feet North 18 degrees 35 minutes 40 seconds, west 365.65 feet South 76 degrees 34 minutes 20 seconds, west 132.47 feet North 11 degrees 16 minutes 40 seconds, west 290.10 feet North 11 degrees 43 minutes 20 seconds, west 113.47 feet North 10 degrees 37 minutes 10 seconds, west 110.05 feet North 12 degrees 44 minutes 20 seconds, west 101.00 feet North 10 degrees 09 minutes 30 seconds, west 88.65 feet North 13 degrees 26 minutes 00 seconds, west 100.90 feet North 15 degrees 52 minutes 50 seconds, west 101.34 feet North 20 degrees 31 minutes 30 seconds, west 68.56 feet to a rock; thence easterly, one course: (1) North 74 degrees 17 minutes 40 seconds, east 97.62 feet; thence northerly one course: (1) North 11 degrees 26 minutes 00 seconds, west 833.6l feet; thence westerly four courses: (1) (2) (3) (4) North 80 degrees 00 minutes, west 287.76 feet South 83 degrees 00 minutes, west 81.45 feet South 58 degrees 00 minutes, west 93.73 feet South 69 degrees 00 minutes, west 113.24 feet; thence northerly, two courses: (1) (2) North 11 degrees 26 minutes 00 seconds, west 50.71 feet North 69 degrees 00 minutes, east 100.00 feet to the point or place of beginning. 4 RIGHT OF WAY, TEST HOLE NO, 1 Young ~ Young, Land Surveyors APPROXIMATE TOP OF BLUFF & COASTAL EROSION MANAGEMENT LINE MAP L O/vo Sou% S 7656'14. . 108'12-~' 82 49'39" E E h20' TEST HOLE NO. 2 \\ MH 4 OPEN SPACE " '.BARCEL B ,' "',, 59.7~.56 ACRES \ O~ ' °o~d- -- ) CB TEST HOLE TEST HOLE TE$~' HOLE NO 3 NO. 4 NO. 5 -- 00' ~0'0' 0'0' TEST HOLE NO. 6 TEST HOLE NO. 7 ww~. ~ ..r ~,. w^~. -- TEBT HOLE NO, B 9.4' 232 CB CA ASPHALT pAVEMENT 87'08'46" W m L. ' .~:z, LEACHING ~ 1776' TO sTARS ROAD 4' OF 18" PEP ~ LEACHING SYSTEM B CB CB 23¸5 ~o~CB .... NYS RTE 7_o) Soono now or formerly Rob~ct W. Gillespie, ~ 0oyid Oillespie Jr, 0 Z tl S 89'19'55" W 73,94' L2 N 7~'37'5~2" W 48.78' L3 N 8T59'45"~W 58.54' L4 N 89'35'38" W 57.~8' L5 N 63;46:47:', ~ 46.02' L6, ~ W L7 N 66'04'49" W LB S 53'sT52L E 180.87' t9 s ~'~2',9~, ~_ L~O ~8~25 E 85.79' Lll S 38'23'13" E 81.53' L12 ~ 24'16'05'~ E 73,11' L15 S 5~ 1048 49.25' L14 S 32 39~3' 58.55' L15 S 28'04'4~" W 53A2' L16 ~ 82'54'21" W L1} .... N 77'57'36" W 146,19' L18 S 63'05'10" W 64,68' L19 S 04'~6'12" W 73.36' L20 S 23'1~'55" 58.90' L21 S ~48'53" ~ 32,68' L22 N 86'48'55" E 82.98' ~- - s 7s'5~'56:', E 6~.05,' .... ~-- ~_53'~!'~6" E ~4.~_~ ~ ~S 07~9'0T' E 3%57 ' L2~ S 11'06'2~: W ~- L~9 S ~;5~'0~" E 106.82' L30 S 56'05'02" W 48.86' L3~ ~ W 6~ .~' ' 79.63' s 79'2< 0: __~5~-:~ ': ~1~ 20.4T NO'[ES: 1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH TOWN OF SOUTI;IOLD HIGHWAY SPECiFiCATiONS. 2. CONNECT ALL STORM DRA~N POOLS WI~ 15" PEP PIPE. 3. LOT SIZE BO,OOO S.F SIDE YARD LOT WIDTH 150 FEET BOTH SIDE YARDS FRONT YARD 60 FEET REAR YARD 4. THE MINIMUM SETBACK FROM THE TOP OF BLUFF IS 100'. 20 FEET 45 FEET 75 FEET LEGEND: Ce = CATCH BASIN MH = MANHOLE PEP = N-12 POLYETHELENE PiPE FINAL ROAD & DRAINAGE COVE BEACH ESTATES At: EAST MARION Town of: SOUTHOLD Suffolk Coun[y, New York ;uff. CO. Tax Mop: L -- ~ PLAN DATE :DEC. 3, 1996 SCALE :1"=100' JOB NO, :94-0452 "94452FRD.DWB'