HomeMy WebLinkAboutL 11698 P 693 • DE[D OF mnISERVAilonl ac .corn �
THIS DEED OF CONSERVATION EASEMENT,is made on theme day of September,1994 at
Southampton,New York.Th:.,parties are BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP with
an office at 1450 South Han.or Road,Southold,New York 11971 (herein called the
'Grantor),and the PECONIC LAND TRUST,INCORPORATED, a not-for-profit New York
Corporation, having a principal office ^.4 30 Jagger Lane (P.O. Box 2088), Southampton, New
York 11969 (herein called 'Grantee').
1
WHEREAS, the Grantor is the owner in fee simple of certain real property(fax Map
#1000-75-4.0-22.1) located in the Town of Southold, Suffolk County, New York hereinafter
more fully described in EXHIBIT A attached hereto,and hereinafter referred to as the
'Property'; and
WHEREAS,the Property is located in the R-80 Zoning District of the Town of 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 Southold
code, Section 100.30; and
WHEREAS, the Property has a yield of nine(9) single-fnmily residences pureeant to
said zoning code;and
WHEREAS,the Grantor wishes to grant a Conservation Easement on the 17.8-acro parcel
Of Prop3rty so that a portion of the Property(hereinafter referred to as the 'Open Area%
comprising approximately 12 acres of the Property, more fully described in EXHIBIT R
attached hereto)shall remain In Its open, undeveloped,and scenic state,and another portion of
the Property(hereinafter referred to as the 'Development Area 1', comprising 2.5 acres of the
Property, more fully described in EXHIBIT C attached hereto), may be developed with no more
than the existing single-family residence and accessory structures, and another portion of the
Property (hereinafter referred to as the 'Development Area 2", comprising 3.0 acres of the '
Property, more fully described in EXHIBIT D attached hereto), may be further developed with
no more than three single and separate residences;and
WHEREAS,the Property contains soils qualified as Class I antl Class II worthy of
conservation as identified by the UnitedState's [)apartment of Agriculture Soil Conservation
Service's oil ,ry y of Suffolk o r• S w.._> and
WHEREAS, it is the policy of the Town of Southold,as articulated in the Town's Master
Plan of 1973,zmanded 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, 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 a total of 1,700 feet of road frontage on both Bayview Road
r
and South Harbor Road which offers the public a significant vista of scenic,open farmland;and
WHEREAS,the Property 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 of the
region kr which the Property is located,and the Grantor and Grantee have,in common,the
purposed objective of protecting and conserving the present state and inherent,tangible and
intangible values of the Property as an aesthetic and agricultural 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 gran;a Conservation Easement to the
Grantee in order to restrict the further development of the Property while permitting
compatible uses thereof;
NOW.THEREFORE:
401 Grantor's Warran'v \
Grantor warrants and represents to the Grantee that Grantor is the owner of the
Property described in Exhibit A,free of any mortgages or lion and possesses the right to grant
this Easement.
0.02 Grenteg'�a[ys
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, ag•ictillural, scenic and natural values of rural lands
located In Suffolk County of Long Island.
0.03 Purpps�
The parties recognize the environmental,scenic and agricultural values of the Open Area
and have the common purpose of preserving these values. This Dead 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 environmental, scenic, agricultural 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, Now York Slate and local
conservation policies.
0.04 Gmvemment Rermm�i('gn
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, at. 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
005 •rant 's warranty
Grantee warrants 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,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 Documentntien
The Grantee acknowledges by acceptance of this Easement that Grantor's historical and
present use of the Property is compatible with the purposes of this Easement. Grantor has made
available to Grantee sufficient documentation to establish the condition of the Property at,the
the of the gift of this Easement. (In order to aid in identifying and documenting the present
condition of the Property's natural, wildlife, watershed, scenic, agriculture and aesthetic
resources and otherwise to aid in iderdi�ying 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
of the Property and ensuring compliance with the terms hereof,the Grantee has prepared,with
the Grantor's full cooperation, an inventory of the Property's relevant features and conditions
(the'Baseline Documentation')and shall submit the same to the Grantor for his review.) 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. The Grantor and Grantee acknowledge and agree that in the event a
contovemy 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 the date hereof,the parties shall not be
foreclosed from utilizing any other relevant or material documents, surveys, reports, I
photographs, or other evidence to assist in the resolution of the controversy. \
0.07 Resitaton
In consideration of the previously recited facts, mutual promises, undertakings and
forbearances contained in this Easemont,the parties agree upon its provisions, intending to be
bound try it.
ARTIa FSE
THF FASENFry \
1.01 TVDa .
This Dead 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 Dead shall Include any and all'
Of those covenants, restrictions, rights, terms and conditions.
J.Q2 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 of this Easement shall run
with the 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, Grantor's agents,tenants, heirs,personal representatives, successors and assigns and
at other individuals and entities. Any rights, obligations, and interests herein granted to
GrantGrantee she"also be deemed granted to each of its agents,successors,and assigns and each such
ee successor and assign,and the word"Grantee•when used herein shall include all of
those persons or entities, Any rights,obligations and interests herein grated by Grantor shall
also be granted by each of Its agents,successors and
successwdoomed!
andd assign and the ord*Grantor"when used herein assigns,and
a Include all of such
ewpersons
or entities.
ARTICu FTvvn
GIII
GRANTOR hereby voluntarily grants,releases and conveys to Grantee,as an absolute gift,
this Easement, in perpetuity, together with all rights to enforce it, as recited herein, against
Grantor and all future owners,tenants,occupants,assigns and possessors of the Property. )
Grantee hereto accepts this Easement in perpetuity,and undertakes to enforce it against
Grantor and all future owners,tenants,occupants,assigns and possessors of said Property.
ARTICLETHRFE
PROHIBITED ACTS
From and after the date of this Easement,the following acs,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
OT structures of any kind or nature (including, but not limited to mobilo homes), permanent or
temporary, on, over or under the Property except pursuant to Section 4.06 hereof. Structures
and improvements, including, but not limited to, driveways, trails and agricultural structures
as Permitted in Sections 4.05 and 4.06 hereof,may not be made on,over,or under the Open
Area wkhota the prior written consent of the Grantee,which may be granted if this structure or
lFrIPMement does not defeat or derogate from the Purposes of this Easement.
3.g2�xgayatie0 antl Removal of Materi;�
The excavating,mining or filling 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 Areas 1 and 2, 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 consent of the Grantee. The removal of topsoil,Send,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 Areas 1 and 2,to construct and maintain the
permitted structures and improvements in the Open Area and for purposes of erosion control
and soli mannement with the prior written consent of the Grantee. \
3 M 1bdi I =
The subdivision or partitioning of the Property without the prior written consent of the
Grantee,which shall be granted if that s0division or partition does not defeat or derogate from
the purposes of this Easement. In no event shall the Property be subdivided into more than four
residential lots, as provided in Section 4.06 hereof.
3.04 Dumo'nq
The dumping or accumulation of unsightly or offensive materials including, but not
limited to trash, garbage,sawdust,ashes or chemical waste on the Property.
3.05 Elicits ..
The display of signs, billboards,or advertisements on the Property except signs,whose
placement, number,and design do not significantly diminish the scenic character of the
Property and only for the following purpuses: 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 (subject to and in accordance with Section 100-201 through 207 of the Zoning
Code of the Town of Southold,as same may be amended from time to time),c)to post the
Property to control unauthorized entry or use,and d)to announce the Grantee's conservation
easement.
3.06 Lands mina Activities
The removal of trees, shrubs, or other vegetation from the Property, except as provided
in Sections 4.04 and 4.06.
3.QZ Ut'li•les
The creation or placement of overhead utility transmission lines, utility poles, wires,
Pipes.wells or drainage and septic systems on the Open Area except with the Grantee's prior
written consent. 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.
308 Utes
The use of the Property for any commercial or industrial purpose except that
agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or
industrial use.
ASE FOUR
,{y)3�OR'S RI*rf
9 01 Owne[g.7ip
Subject to this Easement, Grantor shall retain all other customary rights of ownership
in the Property, some of which are more particularly describod In this ARTICLE FOUR.
Si
4 d2 Possession
Grantor shall continue to have the right to exclusive possession of the Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for any purpose
consistent with and not prohibited by this Easement as well as applicable local,Now York State,
and federal law which will not defeat or derogate from the purposes of this Easement.
4.04 Landscaaina 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
Property. _
$SOS Aorlcuitural Adivltles
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 cultivation of crops, provided that such agricultural activity shall be conducted in
accordance with the purposes of this Easement. 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 of horses, sheep,beef or dairy cattle,or similar domestic
livestock on the Property, may be constructed, maintained or replaced by Grantor with the
prior written consent of the Grantee.
406 rtnactures
A. Allowable Residential Improvements.
Qevelooment Ared 1 Grantor shall have the right to maintain, renovate and replace the
existing single-family residence In the Development Area 1, with appurtenant structures and
Improvements reasonably necessary to some such residence including, without limitation,
driveways,garages,storage sheds,septic systems and leaching fields,swimming pools,pool
houses, tennis courts, or other family-scale athletic facilities. In the event Grantor
demolishes, removes or relocates the existing residence and/or accessory structures, Grantor
may reconstruct a now, replacement single-family residence with accessory structures and
Improvements, and shall have the right to remove trees, shrubs, or other vegetation reasonably
necessary to construct, repair, renovate, reconstruct, and maintain the single-family residence
and accessory,structures and improvements as permitted by the Town Code of the Town of
Southold.
D9Y9jeemgnt Area 2 Grantor shall have the right to construct no more than three
single-family residences in the Development Area 2 with appurtenant structures and
Improvements reasonably necessary to serve such residences including, without limitation,
driveways,garages,storage sheds,septic systems and leaching fields,swimming pools,pool
houses, tennis courts, or other family-scale athletic facilities. Grantor shall have the right to
remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, renovate,
reconstruct and maintain the three single-family residences and accessory structures and
improvements as permitted by the Town Code of the Town of Southold. All such residences,
structures and improvements shall be constructed, maintained and replaced within the
Development Area 2 as described in EXHIBIT D except as provided in Section 3.01.
B. Allowable Non-Residential Improvements.
Grantor shall have the right to erect and maintain the following non-rosidential
improvements in the Open Area which are necessary to and consistent with the agricultural uses
as permitted in Sections 4.OS and 4.06 hereof,
(i) Agricultural Structures, Including but not limited to bams, sheds, and silos as Is
necessary for the agricultural use of the Open Area,placed such that they do not
detract tram and adversely affect the scenic value of this Easement. Such
Structures are Subject to the provisions of the Town Code of the Town of Southold; -
T
fill Access Drives,to provide access to the improvements permitted herein,a toot
trail for foot traffic only for the sole use of the future owners, tenants,
occupants,assigns and possessors of Property;and
(iii) Fences;and
(iv) Underground facilities normally used in connection with supplying utilities,
removing sanitary sewage effluent, and controlling stormwater runoff 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.
C. Replacement of Structures In-Kind. \
In the event of damage resulting 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 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 clearance of access routes for construction vehicles.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or before exercising
any reserved right with respect to the Property which could adversely affect the 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 withhold. 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.
d Q@ Atmutj(gy
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,one the individual principals thereof, under any such conveyance. The instrument of
any such conveyance shall specifically set forth that the interest thereby conveyed is subject to
this Easement,without modification or amendment of the terms of this Easement, and shall
Incorporate this Easement by reference, specifically setting forth the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply with the provisions
hereof shall not affect Grantee's rights hereunder.
ARTICLE FIV
GRAMOFYS OBLIry1LIQ JJ�
�,IZI Teres andASSEsS¢l91IL5.
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 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, statement 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 of the same priorly as the item if not paid would have become,
------- --- - ----- __-avid-S11all bear interest sell oaui by Gra rnr at hvo agimpm ne points over the prime-rata_4f -. _
Interest from time to time charged by Citibank, N.A.
AEMCLESI
INDEMNIFICATION
6.01 Grantees Obligation
Grantor shall indemnify and hold Grantee harmless from any charges or lions 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 Gr ntor's obligations.
6.02 Third Party Cla'mg
Grantor shall indemnity and hold Grantee harmless for any liability, costs, attomey's `
fees,judgments or expenses to Grantee or,any of its officO s'empIoya,s.
contractors resulting: a) from injury to perss or damages to agents or
marising independent
ac"on the Property.except those due solely to fie ads of the Property
a,,its officers from�
employees.agents.or independent cwtradors;and b)from actions or,deem of by
third parties arising out of the,entering Into or exercised rights under this E oreM
nature
excepTng any of those median,armsig solely from the ads d Grartea,itse^W%e'es,
agents.or koependent contractors.
�ry�Ay�yyED,QE.9ZN
.
7.01 EDIM arae JnWA=kM
Grunter OW have the rkpa to enter Won the Property at reasonable times upon
quvet use
prior notice notice b Grarrtor,uhd n e marnw that WO ora kntedee with the Granters
t s;Easertbra d the Pmpwty,or the Purpose d ispecAon to detartnne whether
o ender upon the
Property
e pen fon dry of Ora being�as Pro. Grantee SW SW nhave the rigid
purpose,except vefed n Section 7.03.nor to
P&-*awes upon the Properly by'the Public.
7.02 AlgamtGrantee'
shall have tha right to require the Grantor to restore the Property to the
condition Grarrlee�wed by this Easement and to emorce this right by any action w proceeding that
Partes hereto Vitra rartw stog�sary- e any,d is mood and agreed by the
r*t be y changes to the P g
then causes beyond the Grantor
control, indudng,without limitation, frcem,Property
resulting
and
earth movement.w from dry prudent action taken by the Grantor under emergency conditions
o prevent, abate, or mitigate significant ,jury to the Property resulting from such causes.
703703 E— M_rca0entliigms f C
Grantor acaowle m antl agrees that Grantee's ranedkes at law for any violation of this
Easement are,adequate. Therefore,in addition to.and not in iimitafion of,any other rights of
Grantee hereunder at law or in equity,in the event any breach.default or violation of arty term,
provisbn,covenant w otNigafion on GrantoYs part o be observed or performed Pursued to
this EasmnOv m W.cured by Grantor with,thirty(30)days notice thereof by Grantee (which
notice racsshamert is expressly waived by Grantor with respect to any such breach.default Or
violation which,,Grantee's reasonable judgment,requires irrvnedmte action to preserve and
protect any of the 01 an SPace Vatues w ott*rwfse to}other the purposes of this Easement).
Grantee shall havo the nigher at Grantes sede cost aegt
nd eme and at Grantee's election,(i)to
rebtute a sue to anion or nae such breach. default w violation by temporary angor
Psmallnb fnjtmcticn, n to enter upon the Property and exercise reasonable efforts to
temtihets or see such breach defaull or vioha0en aroror to cause the restoration of that
Portion ci the Property afteced by such breach,oafautt w v*hlbm to the oondaon that exisfad
Prior thereto Or con the dais hmeregl,o o shah cgx6pwn as is axpreasfy pemneed hereby or sit
TM/'be purmhuc o the Ig I toned.ea Grantee dooms whd.r
the droxnataixaa
=e _
(III) to seek or enforce such other legal andlor equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the terms, conditions, covenants,obligations
and purposes of this Easement:provided,however,that any fai:u:e,delay or election to so act
by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or violation or with respect to any other
breach, default or violation of any term,condition, covenant or obligation under this Easement.
Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's
fees,court costs and other expenses incurred by Grantee (herein called "legal expenses") in
connection with any proceedings under this Section 7.03.
Z&L-ND WaWM
Grantee's exercise of one remedy or relief 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 effect of waiving or limiting the use of any other
remedy or relief or the use of such other remedy or relief at any other time.
7.05 Assianability
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 "qualtied
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 ft meaning of Section 170(h)(3) of
the Code. Any assignment by Grantee or Grantee's successors must require the Assignoe or
Assignee's successors to carry out the Purposes of this Easement. The Assignee and as
sutxessors and assigns shelf have the same night of assignrne d
706 SOOM ec.xt
If at any tune Grattee or arty successor or assgre is rnaae to enlwce the Easertherd
fully or lads to do so,Or If Grantee Or any successor or assignee ceases b eras a oez to be a
quaE6ed onganizatiwn under LA C- Section 17D(h)(3)that Ira Easerthed shelf be vested inthe
o
Trry of SadhiCid w such other quaF6ed Organization-w Grime svy moo_ p.qq 1,
oocmenoe of any of these evera,Grantee a any successor W assgnee tads to aw gi, as of Its
rights and rersptmsbbdes under ltib 6serrhat and at of h right We and "west,and b
ftEasemerd to a quawed orgw%ZXhM then the rights and respons udw ea
Easerttad she%become vesm n and fall ep vh W%*W qu>rllifie'd organ,�on,aay3ace,rrah
a cY prat proceeding b Div in ary tout of heard
707 =x*ingr-:jtM=
11as Easemad gives rte to a prop". right and racer
v*>medinely vested in Ste
Grantee. ;`wu I`uVoses of this Serawn 7.07.the`.ai ttmke!faire of scrcfh eight and edeie--
stall be egtd to the dg%a .es of the tae tweet.belrieah the tai rnWlaa value of the
Prep"subleo 10 alis Easwriet and the fair market vai<of One Property it urharxrnbemd
hereby(such AC.erence.divided by the the rrharkM value of the Property areniMi tiered by Ila
Easemat,s hwe6later referted to as she "P'mpprhmae S1we'). M the ev&V a methal
irtlaeseee6te change,the Pondmwu surtandi g ate Property makes irgossibte As tomeered
use for the prrposps contemplated hereby.resu ig in w aGngushm nt of On Eaemers w
Wry mafergl tem Of PrOwPort thereof by a jnatical p oceedig: then upon a subseque"
trarWW of We to the Property by sale.9ft dey .exdwge,taiahg by anent dOntlM a by
Irrdrase in Feu e a akeg.Grantor shag pay m Grantee w w out equffi to the¢cafe of(x)
ehe rxa>sIderltkzt paid by Grantee to Grana fx this Easernert Or(y)the Proportionate Shae
of the proceeds of such tramier.
If aF a an".y part of the Property is taken under the oorer of enirtere donna,by public.
corp.rate, or other authority.w otlrerwiv acquired by such authordy through a purchase ,
Feu of a takvg,so as to abrogate She:ostrkao:hs Imposed by this Ease ..t a otherwise
eeectivefy to frustrate the purposes hereof, Grantnr and Grantee shalt join in appropriate
prpce"trgs at the lime of such taking to recover the full value of the interests,the Property
subject to the taking and an,cidentai or direct damages msuting frau 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 Sham of 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 of Grantor and
Grantee set forth in this Section 7.07 shall be in addition to, and not in limitation of, any rights
they may have by law with respect to a modification or termination of this Easement by reason
of changed conditions or the exercise of powers of eminent domain as aforesaid.
ARTICLE EIGHT
MISQUIANEM
9.01 Entire Understanding
This Easement contains the entire radorstandug between its parties ow"Mitg as
subject matter. Any prior agreement between the parties coneemirg its subject metier shall be
merged Into this Easement and superseded by it
8.02_AIL�dmeM
This Easement is made with the"Cr4ion that it shall qualify as a Corserration Easemers
in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this
Easement in such mariner as may be indicated by dre intemal Revenue Service.as a result of
final determination after audit of the federal intone tax return of the GrarRor.to er"s the
Grantor to the charitable deduction described in I.R.C.Section 170(h). Any such amerndmery
shall appy retroactively in the same mamter as 0 such anern3ncm or amendment;had been set
forth herein.
This Easement can be terminated or modified 0*in accordance with Via common and
statutory law of the State of New York appticaWe to the termination and modification of
easements and covenants running with the lard. Grantor arta Grantee recognize that
circumstances could arise which would justify the modification of tonin of the restrictions
contained in this Easement. To this end,Grames and Grantor shag mutually have the eight,in
their sole discretlnn,to agree to amiandmana to tlnis Easement which are not exonstalem with
the bask purposes of this Easement set forth in the Introduction hereof;provided,however,that
Grantee shag have no right or power to agree to any amendments hereto that would result in tris
Easement failing 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 regulation issued pursuant thereto,or Section 170(h)of the internal Revenue
Code governing'Qualified Conservation Contributions.'
The parties acknowledge the boundaries of the Open Area and the Development Areas may
haw to be adjusted to accommodate the Town of Southold at such time that the Property is
subdivided as provided herein,and the parties agree to cooperate in such boundary line
adjustments as may be necessary,provided said adjustments would no result in diminution of
the Open Area or an Increase in the number of lots or primary structures to be developed by the
Grantor.
8.03 Severabilitv
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
p 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 provislons, 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 first class registered or certified mail, with sufficient prepaid postage affixed
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 8.04. 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 8.04. Notice shall be deemed
9
given and received as of the date of Its manual delivery or the date of its mailing.
8.05 Governing 12w
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.
&QG__Int MralatlgL
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because It was drafted by the other party's attorney. No
alleged ambiguity In this Easement shalt be construed against the party whose attorney drafted
It. If any provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision Invalid, then that provision shall be
given such interpretation as would render It valid and be consistent with the purposes of this
Easement as Intended by Grantor. Any rule of strict construction designed to limit the breadth of
the restrictions on use of the Property shall not apply in the construction or Interpretation of
this Easement,and,this Easement shall be interpreted broadly to effect the purposes of this
Easement as Intended by 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 to
effectuate Its purposes.
8.07 Public AcSgss
Nothing contained in this Easement grants, nor shall be interpreted to grant, to the
public any right to enter upon the Property.
8.08 Warranties
The warranties and representation made by the parties in this Easement shall survive
its execution.
6,00 Rnmrd'n
Grantee shall record this Easement In the land records of the office of the Clerk of the
County of Suffolk,State of New York.
8.10 Hendince
The headings,titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and
received this Deed of Conservation Easement on the day and year set forth above.
ACK40W EDCED ANDACCEPTED:
BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP(Grantor)
IE
Michael Croteau (Grantor)
General Partner
ACIgJC W LEDGED AND ACCEPTED:
PECONIC LAND TRUST(Grantee)
BY:
It 4v.H.Halsey
he Pry
STATE OF NEWYORK )
COUNTYOFSUFFOLR ) SS.:
On this2 day of September, 1994,before me personally appeared Michael Croteau,
who,being by me duly sworn,said that he resides at 1450 South Harbor Road,Southold,New
York,11971 Crantor mentioned and described in,and who executed the foregoing Instrument,
and he duly acknowledged to me that he executed the Same.
Notary Public
HELENE D.NOME
Notary Public,Stns»of New York
No.4951364
Ouallfied in Suffolk County
"n
Cuwlon ExPkeS Mey 22,19
STATEOFNEWYORK ) \�
COUNTY OF SUFFOLK ) SS.: .
On thisf y of September,1994,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 PECONIC LAND TRUST,INCORPORATED,the
Granteo 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 Bo of Directors th said Co raison.
Notary Public
/ WKW P.StWlaEiTSJR
moil
�I aLo�1aE,YI'Ou__atkt
fink s, _
EXHIBIT A: Metes and Bounds Description of the Property.
EXHIBIT B: Metes and Bounds Description of the Open Area.
EXHIBIT C: Metes and Bounds Description of the Development Area 1.
EXHIBIT D: Metes and Bounds Description of the Development Area 2.
—� ', iii.
EXHIBIT A
September 27, 1994
Bayview South Harbor Limited Partnership
Surveyor's Description - "Property" Perimeter
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being at Southold,
Town of Southold, County of Suffolk, and State of New York, know and
designated as "Minor Subdivision - Bayview South Harbor Limited
Partnership", more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Main Bayview Road, at
the northeasterly corner of land now or formerly Southold Fire District,
said point being situate North 00 deg. 13 min. 00 sec. East 217.25 feet
as measured along the westerl,, Side of Main Bayview Road from the-
intersection of the northerlyside of Baywater Avenue (also known as
Freeman's Lane) and the westerly side of Main Bayview Road;
RUNNING thence from said point of beginning along land now or
formerly Southold Fire District the following three (3) courses and
distances:
1. South 73 deg. 38 mi.n. 20 sec. West 500.50 feet, ..
2. North 08 deg. 20 min. 40 sec. West 50.00 feet,
3. South 72 deg. 32 min. 50 sec. West 200.00 feet to the easterly
side of South Harbor Road;
RU14NING thence North 08 deg. 20 min. 40 sec. West along the easterly
side of South Harbor Road 814.80 feet to land now or formerly Frank
Buonaiuto;
RUNNING thence North 79 deg. 22 min. 10 sec. East along land now or
formerly Frank Buonaiuto and along the southerly boundary of Subdivision -
"South Harbor Homes", Suffolk County File No. 4096, 1214.82 feet to the
westerly side of Main Bayview Road;
RUNNING thence South 20 deg. 45 min. 00 sec. West along the westerly
side of Main Bayview Road 301.66 feet to land now or formerly George A.
Stepnoski;
RUNNING thence along land now or formerly George A. Stepnoski
the following three (3) course and distances:
I. Snuth 84 deg. 45 min. 00 sec. West 173.00 feet,
2. South 02 deg. 27 min. 00 sec. West 85.00 feet,
3. North 88 deg. 26 min. 00 sec. East 129.00 feet to the westerly
side of Main Bayview Road;
RUNNING thence along the westerly side of Main Bayview Road the
following two (2) courses and distances:
1. South 26 deg. 31 min. 00 sec. West 132.91 feet;
2. South 25 deg. 50 min. 20 sec. West 422.81 feet to land now or
formerly Southold Fire District and the point or place of BEGINNING.
Containing an area of 17.5473 Acres.
EXHIBIT B
September 27, 1994
Bayview South Harbor Limited Partnership
Surveyor's Description - "open Area" Conservation Easement
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being at Southold,
Town of Southold, County of Suffolk, and State of New York, know and
designated as Conservation Easement over a portion of Lot 1 and over
a portion Lot 2 "Minor Subdivision - Bayview South Harbor Limited
Partnership", more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Main Bayview Road, at
the northeasterly corner of land now or formerly Southold Fire District,
said point being situate North 00 deg. 13 min. 00 sec. East 217.:;0 feet
as measured along the westerly side of Main Bayview Road from the
intersection of the northerly side of Baywater Avenue (also known as
Freeman's Line) and the westerly side of Main Bayview Road;
RUNNING thence from said point of beginning along land now or
formerly Southold Fire District the following three (3) courses and
distances:
I. South 73 deg. 38 min. 20 sec. West 500.50 feet,
2. North 08 deg. 20 min. 40 sec. West 50.00 feet,
3. South 72 deg. 32 min. 50 sec. West 200.00 feet to the easterly
side of South Harbor Road;
RUNNING thence North 08 deg. 20 min. 40 sec. West along the easterly
side of South Harbor Road 517.91 feet to a point;
RUNNING thence North 79 deg. 22 min. 10 sec. East through Lot 2,
"Minor Subdivision - Bayview South Harbor Limited Partnership" 471.84
feet to Lot 1 "Minor Subdivision - Bayview South Harbor Limited
Partnership";
RUNNING thence North 10 deg. 37 min. 50 sec. West along the boundary ::
line between Lot 1 and Lot 2.1 "Minor Subdivision - Bayview South Harbor
Limited Partnership" 296.66 feet to the southerly boundary of Subdivision -
"South Harbor Homes", Suffolk County File No. 4096;
RUNNING thence North 79 deg. 22 min. 30 sec. East along the southerly
boundary of Subdivision "South Harbor Homes" 304.68 feet to a point;
RUNNING thence South 37 deg. 13 min. 39 sec. East through Lot 1,
"Minor Subdivision - Bayview South Harbor Limited Partnership" 269.87
feet to the northwesterly corner of land now or formerly George A.
Stepnoski";
RUNNING thence along land now or formerly George A. Stepnoski the
following two (2) courses and distances:
1. South 02 deg. 27 min. 00 sec. West 85.00 feet,
2. North 88 deg. 26 min. 00 sec. East 129.00 feet to the westerly
side of Main Bayview Road;
i
Page 2
September 27, 1954
RUNNING thence along the westerly side of Main Bayview Road the
following two (2) courses and distances:
1. South 26 deg. 11 min. 00 sec. West 132.91 feet,
2. South 25 deg. 50 min. 20 sec. West 422.81 feet to the
northeasterly corner of land now or formerly Southold Fire District
and the point or place of BEGINNING. -
Containing an area of 12.5890 Acres.
EXHIBIT C
September 27, 1994
Bayview South Harbor Limited Partnership
Surveyor's Description - "Development Area 1"
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being at Southold,
Town of Southold, County of Suffolk, and State of New York, know and
designated as Development Area 1 over a portion of Lot 1 "Minor
Subdivision - Bayview South Harbor Limited Partnership", more
particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Main Bayview Road,
said point being the intersection of the westerly side of Main Bayview
Road and the northerly boundary line of land now or formerly George A.
Stepnoski and being situate the following four (4) courses and distances,
as measured along the westerly side of Main Bayview Road from the inter-
section of the northerly side of Baywater Avenue (also known as Freeman's
Lane) and the westerly side of Main Bayview Road;
1. North 00 deg. 13 min. 00 sec. East 217.25 feet,
2. North 25 deg. 50 min. 20 sec. East 422.81 feet, \
3. North 26 deg. 31 min. 00 sec. East 132.91 feet,
4. North 25 deg. 45 min. 00 sec. East 108.00 feet;
RUNNING thence from said point of beginning South 84 deg. 45 min.
00 sec. West along land now or formerly George A. Stepnoski 173.00
feet to the northwesterly corner of land now or formerly George A.
Stepnoski;
RUNNING thence North 37 deg. 13 min. 39 sec. West through Lot 1
"Minor Subdivision - Bayview South Harbor Limited Partnership" 269.87
feet to the southerly boundary of Subdivision - "South Harbor Homes",
Suffolk County File No. 4096;
RUNNING thence North 79 deg. 22 min. 10 sec. East along the southerly
boundary of Subdivision "South Harbor Homes" 450.14 feet to the westerly
side of Main Bayview Road;
RUNNINI, thence South 20 deg. 45 min. 00 sec. West along the westerly
side of Main Bayview Road 301.66 feet to the northeasterly corner of land
now or formerly George A. Stepnoski and the point or place of BEGINNING.
Containing an area of 1.7852 Acres.
116989693
EXHIBIT D
September 27, 1994
Bayview South Harbor Limited Partnership
Surveyor's Description - "Development Area 2"
ALL that certain plot, piece or parcel of land, with the tuildings
and improvements thereon erected, situate, lying and being at Southold,
Town of Southold, County of Suffolk, and State of New York, know and
designated as Development Area 2 over a portion of Lot 2 "Minor
Subdivision - Bayview South Harbor Limited Partnership", more
particularly bounded and described as 'follows:
BEGINNING at a point on the easterly side of South Harbor Road, as
the southwesterly corner of land now or formerly Frank Buonaiuto, said
point being situate the following five (5) courses and distances from the
intersection of the northerly sideof Baywater Avenue (also known as
Freeman's Lnne) and the westerly sido of Main Bayview Road;
1%North 00 deg. 13 min. 00 sec. East 217.25 feet along with the
westerly side of Main Bayview Road,
2. South 73 deg. 38 min. 20 sec. West 500.50 feet along land now
or formerly Southold Fire District,
3. North 08 deg. 20 min. 40 sec. West 50.00 feet still along land
now or formerly Southold Fire District,
4. South 72 deg. 32 min. 50 sec. West 200.00 feet still along land
now or formerly Southold Fire District,
5. North 08 deg. 20 min. 40 sec. West 814.80 feet along the easterl
side of South Harbor Road;
RUNNING thence from said point of beginning North 79 deg. 22 min.
10 sec. East along land now or formerly Frank Buonaiuto and along the
southerly boundary of Subdivision - "South Harbor Homes", Suffolk County
File No. !.096, 460.00 feet to Lot 1 "Minor Subdivision - Bayview South
Harbor Limited Partnership";
RUNNING thence South 10 deg. 37 min. 50 sec. East along Lot 1 "Minor
Subdivision - Bayview South Harbor Limited Partnership" 296.66 feet to
the southwesterly corner of Lot 1 "Minor Subdivision - Bayview South
Harbor Limited Partnership";
RUNNING thence South 79 deg. 22 min. 10 sec. West through Lot 2,
"Minor Subdivision - Bayview South Harbor Limited Partnership" 471.84
feet to the easterly side of South Harbor Road;
RUNNING thence North 08 deg. 20 min. 40 sec. West along the easterly
side of South Harbor Road 296.89 feet to land now or formerly Frank
Buonaiuto and the point or place of BEGINNING.
Containing an area of 3.1731 Acres.
I SUFFOLK COUNTY CLERK 2 J
169Sn6 easy Now
,
UPN _93 ��� ���'aia�JX
Numherof page uwu OCT IfSerial N M'4SrSurf,rR 885.5
Certificate N t ,MY
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording
/Filing Stamps
G FEE
Page/Filing Fee Mortgage Amt.
T—
Handling 1.� 1.Buie Tax
2Y'51114 2.SONYMA _
Notation Sub Total r
EA6217(County) Sub Total _ _ J.Spec.lAdd. _
EA-5217(State) TOT.MT„TAX _
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Comm.of Ed. Held for ApportionmentAffid"it
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tea! y.0` Mansion Tu
Certified Copy The property covered by this mortgage
/1 is or will be improved by a one or two
Reg.C°P' _ Sub Total ��,— family dwelling only.
YES or NO
011ier GRANDTOTAL ,–'V VNO,seeappropnatelaxcbmwon
Page N of this inalrumeni.
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� Dist ion elaekELeC
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Title Number
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g. RECORD&RETURN TO
9 Suffolk County Recording & Endorsement Page
This page forms part of the attached made by:
(Deed,Mortgage,etc.)
�ifale6 r L+1� �he premises herein is situated in
SUFFOLK COUNT NEW YORK.
^ =� TO// 1D the TOWN of� P� (loco)
or U,AM ET of