HomeMy WebLinkAboutPeconic Land Trust/Cove BeachI
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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.
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CONSERVATION EASEMENT
BASELINE DOCUMENTATION REPORT
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Donor Name Raoul Witteveen
Address [nterpool. Inc.. 633 Third Avenue
New York. NY 10017
Physical Address of Property:
Main Road
East Marion. Ne',',' York
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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:
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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.
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Attachments: (Please initial) ~//
USGS Maps ~
S U r '/e 5/_~.~.-
Tax MaP7~
Date
Aerial/~
On-site photographs ~_~
Easement & Summary ~
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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
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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
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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.
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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
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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$), and
Japanese honeysuckle (Lonicera japonica). Non-native shrubs also occur at
this portion of the property: Morrow's honeysuckle (Lonicera morrowii),
wineberry (Rubus phoenicolasius), multifiower rose (Rosa multiflora), and
privet ([~Z~E_JG~g~[~).
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2. Successional Old Field
The successional old field that occupies large areas of open uplands on
site is dominated by forbs and grasses; Iow shrubs and tree seedlings also
occur at lower frequencies. Characteristic grasses include broomsedge
(Androoogon ir 'n~, common hairgrass (Deschampsia flexuosa),
bluegrasses (Poa pratensis. P. ~Z[~, sweet vernal grass
(Anthoxanthum ~[.Q_[.~, bent grass (Agrostis oerennan$), 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
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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
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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
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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).
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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
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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
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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).
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I RARE PLANTS
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Four rare plant species were located on site during the two site
inspections during September 1994. It is probable that additional
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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
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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
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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
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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
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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).
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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.
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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
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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)
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5. Looking west on Truman Beach
Looking west along Truman Beach
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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
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21. Looking north over open field from southern property line
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22. Looking west on drive
23. Looking east on driveway
24. Looking west along northern property ]line
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25~
Looking east along northern property line
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26~ Looking east at pond
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27. Looking south at pond
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28. Looking north at pond
29. Looking northeast at pond
30. Looking north at pond
31. Looking northeast~ along boundary
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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
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47~ Looking southeas~ at Darn Pond
48. Looking west at kettle hole
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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.
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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
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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
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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
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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:
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~,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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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,
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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
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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;
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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.
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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,
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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,
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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;
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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,
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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
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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
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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.
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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
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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
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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
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[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.
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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.
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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
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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
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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;
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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
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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.
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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;
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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
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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.
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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;
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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
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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
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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
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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
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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
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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
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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
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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.
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~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:
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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.
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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.
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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
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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
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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.
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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.
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~_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
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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.
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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~
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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.
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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
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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.
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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.
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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,
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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;
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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;
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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
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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,
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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
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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;
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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.
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CONTAINING an area of 68.8177 Acres.
SUBJECT to all rights of way, easements and or covenants of record, if any.
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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.
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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
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'~-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:
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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;
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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'