HomeMy WebLinkAboutPeconic Land Trust- Booth Easement
RESOLUTION 2006-969
ADOPTED
DOC ID: 2388
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-969 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 19,2006:
WHEREAS, Edward Co Booth and Patricia S. Booth (the Grantors) are the owners of II
acres of land located on Soundview Avenue in the Town of South old, Suffolk County, New
York, identified as Suffolk County Tax Map Parcel Numbers (SCTM #'s:) 1000-51-1-1 and
1000-50-2-15.2 and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the
Town of South old 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 South old code, Section 280-12; and
WHEREAS, the Grantors e:ranted a Conservation Easement on the Property to Peconic
Land Trust on October 2. 2006 so that a portion of the Property shall remain in its open,
undeveloped state and be available for open space and agriculture, and a portion of the Property,
may be developed with no more than the two (2) existing single-family residences, with
appurtenant structures and improvements; and
WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation
as identified by the United States Department of Agriculture Soil Conservation Service's Soil
Survey of Suffolk County, New York; and
WHEREAS, the Property is immediately to the north of approximately 28 acres of agricultural
land protected by the Grantors through the sale of development rights to the Town of Southold
on June 14,2005; and
Resolution 2006-969 Board Meeting of December 19,2006
WHEREAS, a portion of the Property is in the Coastal Erosion Hazard Area, which, according
to the Town of Southold code, Chapter III is an identified area that warrants regulation for the
purpose of protecting natural features and natural resources; and
WHEREAS, the property is located within an area that contains or is qualified as a Natural
Features Area, including bluffs, beaches and dunes, and which, pursuant to the Town of Southold
Code, Chapter III, should be protected from rapid growth in order to limit erosion, turbidity,
siltation, saltwater intrusion, protect marine life, protect wildlife habitat, lessen flooding, and
protect water filtration and recharge; and
WHEREAS, the Property has a total of 1,122 feet of road frontage on Soundview Avenue which
offers the public significant, scenic vistas from a public highway of the subject property, as well
as 276 feet on Long Island Sound; and
WHEREAS, it is the policy of the Town of South old, as articulated in the Town's Master Plan
of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of South old Town
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
NOW, THEREFORE, BE IT RESOLVED, that the Town of South old finds that the
Conservation Easement conveved bv the Grantors to the Peconic Land Trust. Inc. is
consistent with the Town's Dublic Dolicv of Dreservinl!: ODen SDace and scenic vistas and
that said convevance will vield a simificant Dublic benefit; and
BE IT FURTHER RESOLVED, that the Town Clerk will forward a copy of this resolution to
Edward C. Booth, 17235 Soundview Avenue, Southold, NY 11971 and to the Peconic Land
Trust, Inc. at P.O. Box 1776, Southampton, New York 11969.
~2;k"'~'
Elizabeth A. Neville
Southold Town Clerk
RESULT:
ADOPTED [UNANIMOUS]
Updated: 12/19/2006 8:57 AM by Lynda Bohn
Page 2
Resolution 2006-969 Board Meeting of December 19, 2006
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Updated: 12/19/20068:57 AM by Lynda Bohn
Page 3
I
l
I
I
,
,
PECONIC LAND TRUST
POST OFFICE BOX 1776 I SOUTHAMPTON NEW YORK 11969
-
Booth Easement
Baseline Documentation
Donated by Edward C. Booth and
Patricia S. Booth
I
I
I
,
i
"
,
,
i
I
PECONIC LAND TRUST
-
December 4, 2006
RECEIV;:'O
Ms. Elizabeth A. Neville, Town Clerk
Southold Town Hall
53095 Main Road
PO Box 1179
Southold, NY 11971
D~C 5
c. ,
SOI'II,dd T(,::~ Ckrk
Re: Conservation and Historic Preservation Easement conveyed to the
Peconic Land Trust by Edward C. and Patricia S. Booth
Dear Ms. Neville:
On October 2, 2006, Edward C. and Patricia S. Booth donated a conservation
easement to the Peconic Land Trust on an II-acre parcel located on Soundview Avenue
in the Town of South old. Enclosed please find a copy of the Baseline Documentation
including a copy of the recorded easement.
The Trust asks that the Town pass a resolution in support of this private effort to
protect land in the Town. Upon such, could you please forward a copy of this resolution
to Edward C. Booth, 17235 Soundview Avenue, Southold, NY 11971 and to the Peconic
Land Trust, Inc. at P.O. Box 1776, Southampton, New York 11969?
Please do not hesitate to call me if you have any questions or comments. Thank
you.
~
Marian Sumner
Director of Conservation Programs
Enclosures
296 HAMPTON ROAD I POST OFFICE BOX 1776 I SOUTHAMPTON NEW YORK 11969 I PHONE (631) 283-3195 I FAX (631) 283-0235
www.peconiclandtrust.org
BOOTH RESOLUTION
WHEREAS, Edward C. Booth and Patricia S. Booth (the Grantors) are the owners of 11
acres ofland located on Soundview Avenue in the Town of South old, Suffolk County, New
York, identified as Suffolk County Tax Map Parcel Numbers (SCTM #'s:) 1000-51-1-1 and
1000-50-2-15.2 and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District
ofthe 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 Grantors granted a Conservation Easement on the Property to Peconic
Land Trust on October 2, 2006 so that a portion ofthe Property shall remain in its open,
undeveloped state and be available for open space and agriculture, and a portion of the Property,
may be developed with no more than the two (2) existing single-family residences, with
appurtenant structures and improvements; and
WHEREAS, the Property contains soils classified as Class I and Class II worthy of
conservation as identified by the United States Department of Agriculture Soil Conservation
Service's Soil Survey of Suffolk County, New York; and
WHEREAS, the Property is immediately to the north of approximately 28 acres of
agricultural land protected by the Grantors through the sale of development rights to the Town of
Southold on June 14,2005; and
WHEREAS, a portion of the Property is in the Coastal Erosion Hazard Area, which,
according to the Town of Southold code, Section 37 is an identified area that warrants regulation
for the purpose of protecting natural features and natural resources; and
WHEREAS, the property is located within an area that contains or is qualified as a
Natural Features Area, including bluffs, beaches and dunes, and which, pursuant to the Town of
Southold code, Section 37, should be protected from rapid growth in order to limit erosion,
turbidity, siltation, saltwater intrusion, protect marine life, protect wildlife habitat, lessen
flooding, and protect water filtration and recharge; and
WHEREAS, the Property has a total of 1,122 feet of road frontage on Soundview Avenue
which offers the public significant, scenic vistas from a public highway of the subject property,
as well as 276 feet on Long Island Sound; and
WHEREAS, it is the policy of the Town of South old, as articulated in the Town's Master
Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of South old
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
. >
.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Southold finds that the
Conservation Easement conveyed by the Grantors to the Peconic Land Trust, Inc. is consistent
with the Town's public policy of preserving open space and scenic vistas and that said
conveyance will yield a significant public benefit; and
BE IT FURTHER RESOLVED, that the Town Clerk will forward a copy of this
resolution to Edward C. Booth, 17235 Soundview Avenue, Southold, NY 11971 and to the
Peconic Land Trust, Inc. at P.O. Box 1776, Southampton, New York 11969.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Booth Easelllent
Suffolk County Tax Map
1000-50-2-15.2 and
1000-51-1-1
11 Acres
Town of Southo1d
New York
Peconic Land Trust is a nonprofit, tax-exempt conservation organization dedicated to the
preservation of farmland and open space in New York State. The Trust acquires and
manages and 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 8,500 acres through testamentary gifts,
conservation easements, and fee ownership.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CONSERVATION EASEMENT
BASELINE DOCUMENTATION REPORT
Donor Name: Edward C. Booth, Patricia S. Booth
Physical Address of Property: Soundview A venue
Suffolk County Tax Map # 1000-50-2-15.2 and 1000-51-1-1
Land Types
# Acres - 11
70 % Woodlands
Zoning R-80 25 % Open
5 % Wetland
Buildings and Structures on Property: Two existing primary residences, a residential cottage, a barn (the Marshall
Barn), a stable and a guest studio with bathroom.
Condition of Land: Buildings contained in open space with the remainder beautifully wooded with very little
disturbances.
In compliance with Section 1.l70A-14(g)(5) of the federal tax regulations this natural resources inventory is an aC$ura~ l. _
representation of the propetty ijthe time ofthe conservation donation which was executed on the ~ day of ~ "'.......-
2006, and recorded on th~'l1ay 0~t:i}:-006.
~ch~~ W
Edward C. Booth (Donor)
Peconic Land Trust, Incorporated by:
d;;~H~, President
'il:o(l~o"
Date
Date
bscribed to and sworn before me this i.:;d: day 0~t~to;;6
MELANIE DDROSKI
NOTARY PUBLIC, State of New_
No. 01004634870
Qualified in Suffolk County
l:GmmIasion Expiree September 30.~ 0
Notary Public
A' .. ;J~c;' ~ ~
Patricia S. Booth (Donor)1 <?/C
/{J SLo/ern 1.1/
bscribed to and sworn before me this ~ day Aifg!lst, 2006
,
MELANIE OOROSKI
ARY PUBLlCbState of New Yolk
No. 010 4634870
Qualified in Suffolk County
Commission Expiree Septemblll30, 2Q.( 0
Attachments: (Please initial)
USGS Maps _
Survey _
Tax Map _
Aerial
On-site photographs _
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Booth Easement
Town of Southold
Suffolk County
S<I '-
_ '4 /
--- ~/
.
,-
//
(
~
-
52
48
42
3.
40
42
--
37
27
39
33
I~'
1 25
-30----
/ -c'~)
-- '
/' ';;:'*~~ ~.~
21/'!J~ - '- -
/
17
I'
, " ~
I 1
USGS Q
uad: Southold
Acres
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
red B : Dawnllai ht 19 [NcemberOS
Peconlc Land Trust
:Mo .........10Id
SMltw_...... Nl' 11M
""1)2:&)..l1t5
_..--kLudtIl'\lALWa
the Lands of
Booth
Town of Southald
Suffolk County. New York
Location Map
I Tax M.1pNumbe.., 1000-50-2-15.002&
51-1-1
Total Acreage: IH acrl'S
I
I
N
W4~E
S
I
I
II
\.,ot\'f,
\s\at\d
SO~t\d
I
I
I
I
I
I
I
I
I
I
I
225'
I
PHoniC lMld Trust
,...............
s........... NY 11..
1Ul1a,).)1'15
--...-.............
tlK>Landsof
Booth
Exhibit A
I To< M.p Nom""" 1=51-1-1 &
5O-2-15.lX12
Total AlTt'ilgl': (5.0 &. 6.0) IIJ1t acnos
I
Town of Soulhold
Suffolk Counly. Nl'w York
I
I
I
..
'I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
f'n-r.lrvd By: D.lwn Hotighl; 19 DI,.:t>mbt-r 05
. Peconlc Lond Trust
...~....
c...-~ y- NY 11..
IW) >>J1'18
---
Ihtoundsof
Booth
Town of SoutholJ
Suffolk County, Nt"W Y orl
I Aerial Photo 1~~:'::~"~:::';:;:'~'::~5002''''1'1
I
I
I
I,.;
"
I
I
I
I
I
I
I
I
I
I
I
I~
I
I
I
I
I
-J-
. ()
. \
I,
i
c
S
\!!
e
.\
!
.
~
i
~
+
~\i ~
c
d
~ ~
, .
i l !
I ..A--
( ..~(,
';1:1
3/"11
r!Hh:
.. "II"
1I1I!
III I
,,' ,
(,II111
l;@/
",,"I
i i i ii
i ill!
"'il
Ill/I
I" I"
d!lll
..", .
1'1111
fJIII!
II1Ill
III III
ie!!!
I I II
.
.. .
~ 0 ~
-l/)~
~ 0 f
j
1
81
- /
. . :
i l !. I
.cr
........ ::II..L
ej~
;:J1l ~
~&I'
V) l:I !
~- .
>-.:::-~a
~~] -
~"'..
U1l8
o
-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I Tax Map Numb." 1000-51-1-1, 50-2-15
Total Acrt.agl': 11.5:1: acres
I
~
the Lands of
Booth
,
/
@
\..oT\j!,
ls\aT\d c;,o\1T\d
C:J'
\
,
,
Town of Southold
Suffolk County, New York
Photo Locations
11"= 1_ Peconic Land Trust
PD_Ilo...17'7b
(~n:'2i\'!t~No-w"'...i. 11~
I
I
I=-z
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
111 J
it; i e ~ ~
:;1@
ilK!1l1
" I"
III I!
[ill!
II!l-;
: i' .I
id Ii
I " " ,
I! II!!
I'", I
IIIIII
~ J J J ! !
i :iiii
J ~ I } i J
..~...ill!
le'l:
I I i I
~
)1
.~
n
j,'
j!
" ~
I,
, :;.:r
-.
+
. ~ .
o
\,
~
>
~
C> >
8L{)E
u C> ~
'" .
c
~
~
1
~ i
~
i i i I
,t!
w........ ::II........
er?
~~ .
~~
<5 u_
u..>"
~~I~'
~- .
c ~ ,
>-- .~
-~j -
3 ~_
c~-
u.,,]
& .
! -jt;
8\'1 ,&!J
1p~1
{llll
~ 3ih'E
S!'il'l::h
phi
jUi~
1
'.t
,
"4r
Y'
II
I
,
j
r
~ , !!!
II III
,;.
r
,
";::1
q;. I ~:i
.
, ~
'I ti
! . t I ~
tl
L~r:
~ 0 ~
.'" + i !
\,- :~
". ( ;'~
~.\--:,.:.
. ell._
-"
a.~: .
~~I"
......~ ~
~.clJ!
-~-
2",~
Ul!]
0'
II!'-";
_, II
'i-I"lll
- I'
~ ~ i ~ r,;
'i ~ ll: a.
j'!!1
"IL,'!.
. .,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~
l~';I15 115
'"
'"
~
'"
Q
~
'!l
~
.
;
"
.
g
u
~
9
+
iilll
~: 1. ;
.~ 1';li
!;~jijJ
;!hl!l
i i iii
..-';
i iiil
! I ~ ! l .
; i ; II
idll
I .. , "
.!!!!
i i iiii
! J ~ l! .
jdii
!iH:
i III
I@,,:
I Iii
!, !ll
Ill)!
+
- ;
. S OJ I
.
. .
. I ~
oj -
!-I J! I
1.1
Ilil!
;.,.,
1:1 '
I.
I' j ,
J I Ji
I
I
I
I
I
I@\
I
I
I
I
I
I
I
I
I
I
~
~
,
~~
,
?>/
,
~
\..o1\j!,
\s\and
,
~~
~
,~
f1> ~ '"
~
"
'~
the- Lands of
Booth
Town of Southold
Suffolk County. New York
~ , \
@\ @\
<&J '
~
, ~ ~
/
~ \
Q3>r& I
, ~
~~
SO\}1\d
..
0' 25' 75' 125'
I I I I
ill'
I
Photo Locations
ID---
,--
Peconic Land Trust
P.Q.B.", ITlfo
- S."'l....d~. ....No-y.-.n. 11"""
'fIIW CIJ\I)2lI\.11'f.>
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
i I
I
I
I
I
I
I
I
I
I
I
I
3. Booth residence at north side of property.
4. Booth residence northwest view.
I
I
I
I
I
I
I
I
I
5. Top ofblufTs overlooking LI Sound
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~.:"_ ',I ~,. .
,,' 't'I-"~ _~1, 11>'......
. ~ ',.'?l- v.".,;....~,
f:"-~::ii.f~ .~.~..;.@"i ~J~j(Gi'i~
""~. ~ iI ' ,t; ..J; t'l "on:'
~ 1~1> ~~, ~'" ,~ ..'l , ~.~ l!4~
" f, , . . .., f.., -r;;."
~~~.l'.' ,,,,.,,x''''~ ".'. ... :,"1
_ .'~ ~>~' ..."_..,,,<<,,,",,.. ~ l' VI"
. "'="-' ~. ,:..<:,....~ .." .., ',;!!I. ,-
. " . .... C' ," . .-.; ,...~' ,'"' .
''.., '. ,'.. '.' "~, .',' "
, ' . . 10.. ' ..
.- . "..... .... '
.' .'
,., "
\~" ..
,_....l'_ 'a
~;" . ~.
. f'
',I;, '
'4~
.,.' ,.
;:!"t-
lID: . .
~..... ...,,"
. .," IlI/!:i;..'" '
,':''e1~ r.
, .1S l'~ III .'
t, '., .~~.~~
I.!:. ., (o,~Jt-'lJ."J J
'1I"t. .."...;:..-...
',.1-t ". ".t.. .
.,~, " '. ..' .
f
;,,:; ~. .
.
t ?-',:\'~
..
.,':,.~,.
- ~rr" ~,",
:,;!S ,~,,-'.~'
~!;..;)
,
I
,.
"
r
".' c. .~
" ';$.rl,":'~9 ',';r'~ r
;'
> ~
,~~.,.... ..;;~.
,;.~;;;rr -~:;
;>1<-, ~_~' Y --,~' Q;.
~~_. " :I""-~"""
, ;-.,....~;.t:;, .~... t,. . \ ..
F.' '!' -~,' ' ' . -
~ ..P ~ .~~~
. "";fl'-' ~ \.. ,.
.~{~ '.-4t., 00-,
."
J~ ~,;.~'"
~"~~"-"
~_:c" ~~-.----.~'I
,.'~- --
'!.. .,_~ , r
.",;.i!J ..
.=,'" - "
_.11~......
"",:"..;~;,,~
':~~ .
.....
,.~..
:~:;;).I . t;
. -
i .
,
','
~ ,1."
;
';.,.~~
"
;~
,j' ~ ~~,.~:. I
;' ~.
.-
.;?-......
~...~...
~>
.," >
\~ . -" -t'::~l"
:-"\.. ""
12/13/2005
<
7. Looking south from northwest boundary.
8. Circular driveway south of main residence,
I
I
I
I
I
I
I
I
II
I
I
I
I
I
I
I
I
I
I
9.Lower west end of driveway looking north toward Booth residence.
IO.West side of circular drive looking east.
I
I
I
I
I
I
I
I
II
I
I
I
I
I
I
I
I
I
I
1. Looking toward north east boundary.
12. Two story shingle barn.
I
I ' ,1 \r.:;;"'U "
.'tilt"l h'
I "'f'''' "'
l' ,
,\""11'1 '"
,i~I.,IIH1\ nl
11 '8
I ~
t
I.'
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
13. Horse paddock on east side of property
/'
14. Horse paddock looking southeast.
I I
I
I
'.
I
I
I
I
I
I
I
~-~
.~....~-:::.-::;;-..-;;...' ---~ .~
,:;;',--',;...-..-;::.- -- ~
.::: :- __- ~ ::e--r': .-J .;.L
~.:~~~ . ?,,-E%?"~~<
~.-* ~ --"J' ~. ~...J
V~J.f-'""::;"J~~'-- -,-..-'-- __Jo
~~."..,.:,6 ~-?:: c_ '.
~-::~-~,p .~~. .",..;r'. ~--1
E~ -" ... .-- ,y "~-' ::::..:::;~L..J'''':''
., ---- -..-
__~r~. ----' T' .-~
_ _ ~__ . J.-.'~~~r':,.,"
.-~- -~ . - ~ -,---~
r.-,-:~ f .::::7:,,:::.:~.s
.. -- ~~"^..:.:;~-'
, ::. ~_ _ ..:..:_~_' --: -:::..:::l:." -
'!r.7I--J _r---' -- I T. '- -;-"-", ~~.....
-I. ra~I'J:_-;_-::.r:...-J-j$ '---<-'-
~ . ':'1~ '';;-i' III ;;'6-"
"" [.:--....-_' all XT'"
" r'Jr:.--: m<''''~'
F (!:'~~ Ilf . :>!"
,- .r-.~ ~ -:C(". ~
. -~ -.
II- r~"
t... 1Cr
I
I
I
I
I
I
I
16.Southeast side ofba:n.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
17. South side of barn.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
20. Northwest end of2-story barn.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
21. Southeast side of one story Fr. Cottage.
'.
~(\
\
....
~
~
..
- ..
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
24. Southern boundary looking northwest.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
"', "l"'ll'I'I\!\J~ l\,t~n'l~-""I!' . 'l~' . ",'., '1\' ,'f,' 'j'if,,~""'\'"2' ....~.., ". ~ ~ '1("\1"" "'fJ"I~^"~<:-
.. .(!;;..~ ~ ,.~\","~' ~" ',.... "" I "'....V'.~ "~" " .~"."" ,(<.., .;'\'~,
<I'; '51 ".~ ~I 'I~Jlr'" ,f.;" .'~\\: . k'l ,,, , 'f ,/, ':~\\::+.\ ',:,; ...," '\"~;}~'~.~l',-,,~..-
I/r.n;~.:<;t- \l'rrl~i',r..".. ,,,,J !l~.l.\' ;" ~. f..{~'~~.-3
, ..; ~''\iW If) "\\'~~' , \..' j" i:\ ~"~;,~\~-: "j '''. :','I~~;i';" ,~;~..lf,. ~.
/1.\r.... ,'.!" '>"i,"'''''i\';,rl',~,fl:it,,,'.i.;r'f;,-.ltl''~'!!f.~('.t~
\"J . i/., ... \ ,\I '" ,. · :,\ :.:i ".; "'", ' .~ ;"1' .,,',6~~ "r~lll 'I' . i.
r . .. ',:~" .~'.' !i~ ;':fi,~~:~t.;. J,l'I:,ii~\"~'IM~h ',.
",It, I..~.{ :. '... .~~~' \'!!'t;" 11"1 ~4S"~' 'W
'I'
~' - _ ...,....,_"'!...l~
. I. "" . "';1' ;"\.V:-::~- l~~ 1 t.
..~~"-'- _ ~.~~~ /. ~,'" _~_~. . ........--'""":;;....'f"IP'4.-....~
~~-...~j.;..~-.!~;+-'V\..'r-l~ - .r....... ~*:;rJ,.".' ~ ..-,..,;\~~1.
. _ . ...--~ -~ "'"'" ....#.... -T" 1~~ .~~~ ~. r 'f~~",
" , _" ~~.... ~ ~_f""""'-l~_~"""~"" t. ""'~r""t;:
'. ,;-~ ~ ;,~.........,.jt..,U"l'i:.,J::~;"'!-.....,....__..~~ .~..;..~.. -"~l:"'t;I.- . ~
_ _~~ ~ ......,.~.~.t:'~...:...~~~..g.yl~..'''~~.~~''1~'.t:~:;......--.~ ~jr~""':~~-.,..I.:. . ",_' .... ..
.......,.. ,,'" .._. - 01'(1'--.. . ~ -.. ..r-"~~-..~.. -1".... ~ '<!"':'".... ~- .~ - . ~":.
. . _ ~ ~-' ~ ~~'. ." , .... -. ..... *".":t' ~".... ~ ":- ~ J~~l :[ -.. ."; "'"' ~..t~ . . C;.$;"'... - ........~1il.,;
....,_~~...,;#<:1!.~~"-"..r'" ,$i,''f.''"'t~,. t "~",-,,,~~,,=~~ ~~'/"~ .
...._..,-;. ~_.... -f'" ~,~ ~~~..... .0,: ....._.. ....~~-.r.- """~~'~ ~~ .il~""
,z-;;''; (,-,,!' '.-:f'~?"Jza::d:";""1~"'-f'~k;:;j':r3.,~ r'" . 't 'i>'f.'..;'i'.',U a~, ~P.ic,,~,,;;,'" ,",,'. ,
...:~ ~:~: '..~ f'~.~~~.,~~~:."" j ":f..~""" - .f;....,.~ '" ....- ..;" -. ;i:,; ~;".4f;-""#-rtt., -,.., '_ "{":"4;: .....- _",-~....;'.-:
~~"::-"'~'.."::"";:'", ~t.._..-..~ ~t:Oo,......,~ ~ l" :...~t~t~;" .m.~"'~rl-""'~~:::.-''' "" -' ,!.~ "t:-.:~~;:s,'::=i.':.-:t-
"', <- '" ",",~,,'~". ,'~, ~,,-' ""i'; ~.....:. ~ 'Wi ..",t. .,.~:f\' ""':>,o;"...)!~"t.~~- <i.. ,c;,,(';:;:!i">~
....~ :~.. ~""- ...--~... -"<..,. -:t::' =- ?,.",., .____~_'-~,.. ~ ...~~. - . ""........~.'. .~--:"..:.':f~~.:;..
. ~ -~(- '10.~ "'_ '- .y..f:.V=k'~-:~'~ . :<iI.,o-tt.... :~:... ~, .. .., - -....
.....01;. -:"'~_~-..#~..'" ""j ......l.-...'~...-~..... . ~ 4;;'1 ~ ;loI',~- -:,"~.' ~,:.: ~. .
._ ~_~~,Z.;,j;J;.I>(....,-~,k' .)t.....~ z. ~~...,.... ~-r.* =- .' "'~~~~~~"" ~ h. '._ ':~".-::~.'~';'...;l
..' .:~'" ,~~""-;;t'-t.,;:.:,,"";l..~""'-W'..' t.'~~d..''f/Ir tOl:~ ~w,J ,::>..~~.,... "'-I";~~"~~'''~~ !;"~}"';-~'l"
~''- .". ....~~~,.,~.-;~: .>f".,,~ "W".'~~'~A-=?'."'l'~ ;.A'.. iI'_..~ -4 .;;.:......, ,"'f""-:.< .Lt;.:_~~.,"".- ,.~_... 2. .-
'~'4IJ ~.:~!:""_...: ",~"z''';''''1..1~~!''--''-'''''~;,J-'r..'~'t'<J'Il..' ..~';f-~~,,~~...-,,"~'..;" ," r'''M~,
_..~' '(.', / ~.:~>y~!;~' ~~,,~"";'!( ~ ':~ ,~; .~ 4,.;t:;;;.j.:J. ~J~~~l.::~~~l--:., >~y'::;~~t12/13/200S~';
,,_ .. r '.~ "'";:""1'. ~ .. .......... ~..- ~.._;c.;f"Go~~4 .,.~..,~.~ Q: )jt-~, ,~f ~'." < ."....~:
. ~ , ,. _ . _ . ~.,. J -.", .~.~ ....-y. .. .,-,.- ..... ,)~.... ~. :00........ .'" .
25. Southern boundary looking north over horse paddocks.
26, Soundview Ave. looking west.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
28. Western boundary looking north along tree border.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
29. Eastern tree line boundary.
I
I
I
I
I
I
I
I
I
I
-'ti.L.,
....~ ~~~
I
I
I
I
I
I
I
.,
.~
32. Concrete entrance piers at southern boundary.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
33. Southeast entrance looking north.
34. South end of property looking north.
I
I
I
I
I
I
I
I
I 35. Southwest looking north.
I
I
I
I
I
I
I
I 36. Southeast corner of 2 acre parcel.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
37. Southern boundary looking east along Soundview Ave.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
39. Entrance to grass courtyard.
40. Entrance of courtyard looking east.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
42. Inside view of western concrete wall within b'Tass courtyard.
I
I
,/ -"
J ( " ~
,
:
I
I
I
I
I
I
I
I
I
I
I
I
I
.~ '."- ...'
+7'_.
..;._.~;.~: ~"'''''''''-'';':~-':~,..... "'-
43. Inside of east em concrete wall.
I
I
I
I
I
I Y\x \,
,. '\ I .1
J . ~' IIf
I \ ,~'\:
'-- \ I /'.....
., I~'-
I --
~.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
45. Southeast comer of courtyard.
46. Courtyard looking east.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
47. Northern end of courtyard looking south.
48. Northern end of courtyard looking east.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I 50. Looking north from courtyard.
I
I
I
I
I
,
-
51. Looking north at concrete piers toward bluffs.
I
I
I
I
I
I
I
~'\
I
I
I
I
I
I
I
..~
52. Looking south towards courtyard.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
53. Horse barn on eastern boundary of property- west side.
54. South side of horse barn.
I
I
I
I
I
I
I
I
I
I
,
, .
" .
:~ .
/ , .
/'/ _.-
-;~- /
- Ti
I
I ,'-
"
,,'C
_ 'If.'''
"~,h tl.:o.~..1,.
T ~,)i~. :.
~~;t.J
~
I
.
,.
-
., \' ,'-,
..'1'. ,
.p~'r
<
'-';'
~ ~'-
, r, ,j
I -.;.Jo ,
.. . '" ..,................ci.'1 '.
. '....... ~":-\"
.lr..'\.~:" .,.~~t1":'1
or. .,~ .......,........ '; I:
..... ~'"", ~'I
----- ~. .--:..~
,..,
I
"
t
'" t..;_ _
I
-- ......
I
I
I
~
.,-c'
I
~
58. Concrete wall and piers on eastern boundary of parcel.
'-~
,.:..,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
---
- -
~ .~~'-"-,::=
i-~_ _ _..,,-~
- .....".
~::... ' ~: . ";'
t.o' _ ..:.,.,;,.h.~-
_:~A~ ,...~
~~-t~~-
,--;-~-:. -p~~'" .;" ~
[ ~; ~;~. ":.", . ':,~.r;ff
~-'~,;'-"
"-
.
61. Traveling down foot path eastern view of beach.
(
j
)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~\
i ,)
I"
~- ff
,...;-=--~ .:. -:-. .:~~-~ ~.-e~.~ - ~~(:::i',
~,.. .... ,_-",'s.: -"--.-:-~",,",,,. ~-,~,.- .'.~
~'8 . ,k,.,-:--......... - ~-t,;...;.... ,:,,..,........-.-. -.,'_. ~-1.10'" ......... ;., "'~l ,..,..... ;:,_, ,'. .,.....~,
,.,.&_..--r..i.....:4a;C~~~; .-...,.....; ~'.".::-.' ~..... -.. ~'_, ~~... "." __~ ..J:,-~__ . .. 4Iliv.;.a.,......:.tii:v~~
64. Western view ofblufTs.
I
I
I
"",,"'.I.''','''" "k 'v~' ,>" ,,>- .' ,., :. ... -' - ·
.~",~".v,--"",~""~= 'oN ,- . <. .-.....-.: ~_.""""- "
~p'-~...."".,'.,."..-".~.,.,;... .. ,:" .' ,<'" ~_..... ._~
":z.~..;;~~~W".K~~~t'.~,,;.~~i:;f"S~ '."6!~"~~~"~":"R . -~-"~ '.. " .
_~. :::",~..:,.,;,_",.'*,~,,:;<r"K.""'f> . .- .~..
.~ ,= . ~. ," ... "."" . . .
, 51_ . ,,.' ,."-$~~""~'~'!~~-~ .~.;:~;k;';;'$i;""""1:;.:-,..~~""'~~' - ...,;:\L'"",,~e,_~ ~._.,,,_. ,
~ ._~. . _. "S2-" .' ~-' ".-. "' ..-.- -~ -- ~~.~ "'
....~. _ .....~. ....~.~~~-~J. _ 'f!~ ~ .~.-~" -"T- ._~.. -, -
. ' ,,..-;.:. . ...""''-;-~_' >_~'-'~ ~__ .~';';"7_.
.. ~ . ", .t- ~ - ~. "'" "
. ...<. :.t""'~,~;l!' ,:;:......,.....'__ ,,-\' )!;I~;f. ..-.
65. W '. 't~~':.,f~:.~!bt'~ :'"~
esternvlewofb ~....
\ _ \ each and bl~
, - "
'-~~.~.. ~~ I
.,
~ 1!..lo ....- .,-..'
~;l;:~[200;~"
I
: I
I
I
I
I
I
I
I
I
I
I
I
I
Northern .
view of
concrete .
pIers looking
west.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
67. North end of courtyard looking south.
Mrs. Booth and Marian Sumner
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
68. Trail leading to western 2 acre parcel.
69. Northwest comer of2 acre parcel.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
70. Open field on 2 acre parcel with Soundview Ave. in background.
Page / Filing Fee -
Handling 5. 00
TP-584 F
Notation &7-
EA-52 17 (County) - Sub Total
EA-5217 (State)
R.P.T.S.A. '7-,{) JX')
Comm. of Ed. 5. ..QL
Affidavit .a-?
~fied COpy"::> 1,2
-
NYS Surcharge 15. 00 Sub Total
Other
Grand Total
I
Number of pages
TORRENS
/9
I
Serial #
Certificate #
I
Prior Clf. #
Deed I Mortgage Instrument
I
3
I
I
I
I
I
I
Section
Block Lot
1000 05000 0100 001000
I
Real Property
Tax Service
Agency
Verification
I
Deed / Mortgage Tax Stamp
FEES
6 SatisfactionslDischarges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
I
peconic Land Trust Incorporated
296 Hampton Roadr PO Box 1776
Southampton, NY 11969
I
I
7
Co. Name
TItle #
RECORDED
2006 Oct 02 03: 30: 59 PM
Judith ~. Pascale
CLERK OF
SUFFOLK CIlltITY
L 0OOO124n
P0Q6
on 06-07701
Recording / Filing Stamps
Mortgage AmI.
1. Basic Tax
2. Additional Tax
Sub Total
SpecJAssit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment
Transfer Tax (Z5
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
5 Community Preservation Fund
Consideration Amount $ ;6
CPF Tax Due
I
Vacant Land Y
TD / HrJ
TD
TD
Title Com an Information
8
Suffolk Count Recordin & Endorsement Pa e
I
This page fonns part of the attached
I
Eaward C. Booth, Patrici i=l ~ P.nr.f-h
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
I
TO
peconic Land Trust Incorporated
Conservation Easement
(SPECIFY TYPE OF INSTRUMENT)
made by:
In the Township of southold
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FTLING.
Southold
I
(over)
I
I
I
I
I
I
I
I
I
I
I
I-
I
I
I
I
I
I
I
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of rnstrument: EASEMENT/DOP
Number of Pages: 19
Receipt Number : 06-0096016
TRANSFER TAX NUMBER: 06-07701
Recorded:
At:
10/02/2006
03:30:59 PM
LIBER:
PAGE:
D00012472
006
District:
1000
Section:
050.00
EXAMrNED AND
$0.00
Block:
01. 00
CHARGED AS
Lot:
001. 000
FOLLOWS
Deed Amount:
Received the Following Fees For Above rnstrument
Exempt Exempt
Page/Filing $57.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $12.35 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Conun.Pres $0.00 NO
Fees Paid $129.35
TRANSFER TAX NUMBER: 06-07701
THrs PAGE rs A PART OF THE rNSTRUMENT
THrS rs NOT A BrLL
Judith A. Pascale
County Clerk, Suffolk County
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT, is made on the 15'"f{, day of
~..{--- 2006 at Southampton, New York. The parties are Edward C. Booth and
Patricia S. Booth residing at 17235 Soundview Avenue, Southold, New York 11971 (herein
called "Grantors") and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New
York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776,
Southampton, New York 11969 (herein call "Grantee").
INTRODUCTION
WHEREAS, Edward C. Booth and Patricia S. Booth are the owners in fee simple of 5-
acres of property further described as Suffolk County Tax Map Parcel Number (SCTM #) 1000-
51-1-1 and 6-acres of property further described as SCTM# 1000-50-2-15.2 located in the Town
of Southold, Suffolk County, New York, more fully described in SCHEDULE A and shown on
the Conservation Easement Map marked EXHIBIT A, both attached hereto, made a part hereof,
and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District
of the Town of South old 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 South old code, Section 100-30; and
WHEREAS, the Property contains two (2) existing primary residences, a residential
cottage, a bam (the Marshall Bam), a stable and a guest studio with bathroom; and
WHEREAS, Grantor wishes to grant a Conservation Easement on the Property so that a
portion of the Property shall remain in its open, undeveloped state and be available for open
space and agriculture, and a portion of the Property, may be developed with no more than the
two (2) existing single-family residences, with appurtenant structures and improvements; and
WHEREAS, the Property contains soils classified as Class I and Class II worthy of
conservation as identified by the United States Department of Agriculture Soil Conservation
Service's Soil Survey of Suffolk County, New York; and
WHEREAS, the Property is immediately to the north of approximately 28 acres of
agricultural land protected by the Grantors through the sale of development rights to the Town of
Southold on June 14,2005; and
WHEREAS, a portion of the Property is in the Coastal Erosion Hazard Area, which,
according to the Town of Southold code, Section 37 is an identified area that warrants regulation
for the purpose of protecting natural features and natural resources; and
WHEREAS, the property is located within an area that contains or is qualified as a
Natural Features Area, including bluffs, beaches and dunes, and which, pursuant to the Town of
Southold code, Section 37, should be protected from rapid growth in order to limit erosion,
2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
turbidity, siltation, saltwater intrusion, protect marine life, protect wildlife habitat, lessen
flooding, and protect water filtration and recharge; and
WHEREAS, it is the policy of the Town of South old, as articulated in the Town's Master
Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of South old
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, New York State has recognized the importance of private efforts to preserve
land in a scenic, natural and open condition through conservation easements by enactment of
Environmental Conservation law, Section 49-0301, et.seq.; and
WHEREAS, Article 57 ofthe New York State Environmental Conservation Law, Section
57-0101, et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," declared it to be in
the public interest to protect and manage the Pine BarrenslPeconic Bay maritime system,
including the Property; and
WHEREAS, the Property is part of the Peconic Estuary System which was included in
the National Estuary Program by determination of the United States Environmental Protection
Agency on September 9, 1992, as a "nationally significant estuary"; and
WHEREAS, the Property has a total of 1,122 feet of road frontage on Soundview Avenue
which offers the public significant, scenic vistas from a public highway of the subject property,
as well as 276 feet on Long Island Sound; and
WHEREAS, Grantor and Grantee recognize the value and special character of the region
in which the Property is located, and Grantor and Grantee have, in common, the purpose and
objective of protecting and conserving the present state and inherent, tangible and intangible
values ofthe Agricultural Area and Scenic Easement Area as an aesthetic, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has requested
Grantors, for themselves and their successors and assigns, to grant a Conservation Easement to
Grantee in order to restrict the further development of the Property while permitting compatible
uses thereof;
NOW THEREFORE:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantors are the owners of the
Property described in SCHEDULE A, free of any mortgages or liens and possess the right to
grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantors that Grantee is a 501(c)(3) qualified not-for-
profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986,
(hereinafter called "the Code"), and incorporated under the Not-For-Profit Corporation Law of
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
New York State for the purpose of conserving and preserving the unique environmental,
agricultural, scenic and open space values of rural lands located in New York State.
0.03 Purpose
The parties recognize the aesthetic, scenic and agricultural 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 Grantors to Grantee, exclusively for the purpose of
preserving its open space character in perpetuity for its 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 hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Government Recognition
New York State has recognized the importance of private efforts to preserve rural land in
a scenic, natural, and open condition through conservation restrictions by enactment of
Environmental Conservation Law, Article 49-0301, et. seq. Similar recognition by the federal
government includes Section 170(h) of the Internal Revenue Code and other federal statutes.
0.05 Grantee's Warrantv
Grantee warrants and represents that it possesses the intent and ability to enforce the
terms of this Conservation Easement on the Property, and that the Property satisfies the criteria
adopted by Grantee relating to the quality and characteristics of open land that should be
protected and maintained as open land, as determined by the Board of Directors at a duly
constituted meeting of that Board on November 21, 2005.
0.06 Documentation
Grantee acknowledges by acceptance of this Easement that present uses of the Property
are compatible with the purposes of this Easement. Grantors have made available to Grantee
sufficient documentation to establish the condition of the Property at the time of the gift of this
Easement. In order to aid in identifying and documenting the present condition of the Property's
scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting
the Property's open space values as of the date hereof, to assist Grantors and Grantee with
monitoring the uses and activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared, with Grantors' cooperation, an inventory of the Property's relevant
features and conditions (the "Baseline Documentation"). This Baseline Documentation includes,
but need not be limited to, a Conservation Easement Map marked EXHIBIT A, an aerial
photograph, photographs of the Property, a topographical map, a description and site plan of
existing land uses, features, and structures and a copy ofthe appraisal referred to in Section 6.08
hereof and an acknowledgment page signed by Grantors and Grantee which verifies that the
Baseline Documentation report accurately represents the condition of the Property at the time of
the easement. Grantors and Grantee acknowledge and agree that in the event a controversy
arises with respect to the nature and extent of the Grantors' uses of the Property or its physical
condition as of the date hereof, the parties shall not be foreclosed from utilizing any other
relevant or material documents, surveys, reports, photographs, or other evidence to assist in the
resolution of the controversy.
3
4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
0.07 Recitation
In consideration of the recited facts, mutual promises, undertakings, and forbearances
contained in this Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Conservation Easement (herein called the "Easement"). This
Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein.
Reference to this "Easement" or its "provisions" shall include any and all of those covenants,
restrictions, rights, terms and conditions.
1.02 Duration
This Easement shall be a burden upon and run with the Property in perpetuity.
1.03 Effect
This Easement shaH run with the Property as an incorporeal interest in the Property, and
shall extend to and be binding upon Grantors, Grantors' agents, tenants, occupants, heirs,
personal representatives, successors and assigns, and all other individuals and entities. The word
"Grantors" when used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed granted to each and
every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used
herein shall include all of those persons or entities.
ARTICLE TWO
GIFT
GRANTORS, as an absolute gift, hereby grant, release, and convey to Grantee this
Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantors.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and practices shaH be
prohibited forever upon or within the Property:
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.01 Structures
Except as provided in Section 4.06, 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. Structures and improvements, including, but not limited to,
driveways and agricultural structures as permitted in Section 4.06 hereof, may not be made on,
over, or under the Open Area without the prior written consent of the Grantee which may be
granted ifthe structure or improvement is consistent with the terms and conditions of this
Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary to construct and
maintain permitted structures and improvements on the Property shall be prohibited, without the
prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or
subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place,
nor shall the topography of the Property be changed except to construct and maintain the
permitted structures and improvements on the Property and for purposes of erosion control and
soil management, without the prior written consent of Grantee.
3.03 Subdivision
The subdivision or partitioning of the Property (other than the two separate parcels which
now exist) shall be prohibited without the prior written consent of Grantee.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials including, but not
limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited.
This prohibition shall exclude materials used on the property in the normal course of sound
agricultural practices, including fertilization and composting.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited, except signs
whose placement, number, and design do not significantly diminish the scenic character of the
Property and only for any of the following purposes: (a) to state the name of the Property and
the names and addresses of the occupants, (b) to temporarily advertise the Property or any
portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) to announce Grantee's conservation easement. Signs shall not be more than six square feet in
size, be non-illuminated and are subject to regulatory requirements ofthe Town.
3.06 Landscaping and the Cutting of Timber
The removal oftrees, shrubs, or other vegetation and the cutting or harvesting oftimber
on the Property shall be shall be prohibited except as permitted in Section 4.04 and for the
following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by
forces of nature, (b) to prune and selectively thin trees to create limited vistas in accordance with
good forest management practices, historical uses and the purposes ofthis Easement, (c) to
5
landscape the single-family residences and appurtenant structures and improvements permitted
on the Property, (d) to construct and maintain permitted driveways on the Property, and (e) to
clear trees and bushes as necessary to return the Property to agricultural purposes in the future if
it has lain fallow and was allowed to become wooded.
3.07 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or erosion or
pollution of any surface or subsurface waters shall be prohibited; provided that this prohibition
shall not be construed as extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides)
that are in accordance with sound agricultural management practices of the US Department of
Agriculture's National Resource Conservation Service.
3.08 Utilities
The creation or placement of new overhead utility transmission lines, utility poles, wires,
pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior
written consent of the Grantee. New utilities must, to the extent possible, be constructed within
30 feet of the centerline of roads or driveways, and may be used solely to service the permitted
structures.
3.09 Uses
The use of the Property for any commercial, commercial-recreational or industrial
purpose shall be prohibited except as provided herein. Residential and agricultural uses
permitted in this Easement shall not be considered commercial or industrial uses.
3.10 Drainage
The use of the Property for a leaching or sewage disposal field shall be prohibited, except
to service the permitted structures. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management practices and in order to
control flooding or soil erosion on the Property.
3.11 Development Rights
The use of the acreage of this Property for purposes of calculating lot yield on any other
Property shall be prohibited. Grantors hereby grant to Grantee all existing development rights
(and any further development rights that may be created through a rezoning of the Property) on
the Property, except for the right to construct, maintain and replace the pre-existing structures,
and as provided in Section 4.06 and the parties agree that such rights shall be terminated and
extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
6
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantors shall retain all other customary
rights of ownership in the Property, some of which are more particularly described in this
ARTICLE FOUR.
4.02 Possession
Grantors shall continue to have the right to exclusive possession of the Property.
4.03 Use
Grantors shall have the right to use the Property in any manner and for any purpose
consistent with and not prohibited by this Easement as well as applicable local, New York, State,
or federal law.
4.04 Landscaping Activities
Except as prohibited in Section 3.06, Grantors shall have the right to continue the current
modes of landscaping, pruning and grounds maintenance on the Property. Grantors shall have
the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or
damaged or trees that may pose a threat of injury. Grantors shall have the right to remove or
restore'trees, shrubs, or other vegetation to create limited vistas in accordance with good forest
management practices, to return the Property to its historical uses and the purposes of this
Easement.
4.05 Agricultural Activities
Grantors shall have the right to engage in all types of agricultural activity as the term is
defined in Section 301 of the New York State Agriculture and Markets Law, provided that such
activity shall be conducted in accordance with the purposes of this Easement.
4.06 Structures
A. Allowable Residential Improvements
Grantors shall have the right to replace, maintain, renovate and re-construct only
the existing two (2) primary residences, the residential cottage and the guest studio, with
appurtenant structures and improvements necessary to serve such residences including,
without limitation, driveways, garages, storage sheds, septic systems and leaching fields,
swimming pools, pool houses, tennis courts, and other family-scale athletic facilities.
The size and location of such additional appurtenant structures shall be subject to
Grantee's approval in order to minimize their impact on agricultural use. Grantors shall
have the right to remove trees, shrubs, or other vegetation reasonably necessary to
construct or replace such single-family residences and appurtenant structures and
improvements.
For purposes of this Easement, footprint means the square footage of the enclosed
building at or near ground level excluding decks. With the exception of the existing
single-family residence on SCTM# 1000-51-1-1, the other single family residence SCTM
7
#1000-5-2-15.2 (with an existing footprint of approximately 1,465 square feet) and all
other structures and improvements shall be constructed, maintained and replaced within
the their current footprint or expanded to no more than twice the size of the original
footprint as shown on Exhibit "A", attached hereto. The footprint of the existing
principal single-family residence on SCTM# 1000-51-1-1 may be expanded to no more
than twice the size of the present existing footprint of approximately 1,430 square feet
(excluding the area of the deck) as shown on Exhibit "A" and the entire structure may be
relocated farther from the Long Island Sound to conform with applicable regulatory
codes. Grantors must receive prior written consent from Grantee prior to such relocation.
In the event of such relocation, the existing location must be restored to a level earth
usable for agricultural purposes so that the relocation does not require a diminution of
land available for agricultural purposes.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Grantors shall have the right to create one (1) accessory apartment in each
principal single-family residence provided that such use is allowed in the code of the
Town of Southold. Accessory apartments are subject to the regulatory requirements of
the Town of South old.
B.
Allowable Non-Residential Improvements
Grantors shall have the right to maintain the eXlstmg non-residential
improvements without the prior written consent of the Grantee and shall have the right to
construct, replace, relocate, and renovate the following improvements, which are
necessary for and consistent with the uses permitted in Section 4.05 and 4.06 hereof, with
the prior written consent of Grantee:
(i) Agricultural structures, including but not limited to stables, barns, sheds, and silos
as are necessary for the agricultural uses of the Property, placed so that they do
not detract from or adversely affect the agricultural, open space and scenic values
protected by this Easement. The total of all such structures on parcel SCTM#
1000-51-1-1 shall not exceed a footprint of 6,000 square feet and on parcel
SCTM# 1000-50-2-15.2 shall not exceed a footprint of 5,000 square feet;
(ii) Unpaved trails, provided that trail use be restricted to pedestrian, equestrian,
bicycle, cross-country ski, or other non-motorized vehicular use;
(iii) Underground facilities used to supply utilities, septic systems, leaching fields, and
control stormwater runoff from the improvements permitted under the terms of
this Section 4.06;
(iv) Fences, if they are placed so that they do not block or detract from the scenic
view, may be constructed without the prior written consent of Grantee, but with
ten (10) days prior written notice to Grantee;
(v) Access drives, to the extent necessary to provide access to the improvements
permitted by this Section 4.06; and
(vi) Stairs to access Long Island Sound, as well as a bulkhead along Long Island
Sound. Any such activity is subject to appropriate governmental approval,
including the regulatory requirements of the Town.
8
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
C. Replacement of Structures In-Kind
In the event of damage resulting from casualty to an extent which renders repair
of any existing improvements 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 Sensitivitv During Construction
The use and location of any improvement permitted to be constructed hereunder
shall be consistent with the conservation purposes intended herein, and construction of
any such improvement shall minimize disturbances to the environment. Grantors shall
employ erosion and sediment control measures to insure that storm water runoff will not
carry eroded and other deleterious materials into Long Island Sound, 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
Grantors shall notify Grantee, in writing, before taking any action or before exercising
any reserved right with respect to the Property, which could adversely affect the environmental,
scenic, open space, and agricultural values which are the subject of this Easement. This includes
the construction of any structures as provided in Section 4.06 hereof. Grantor shall provide
Grantee with complete documentation including information on the need for and use of such
structures, and architectural plans of any proposed structures, which are subject to Grantee's
approval. Such approval, disapproval or comments of Grantee shall be given to Grantors within
45 days after all necessary documentation and information is submitted to Grantee. If, after 45
days, Grantors have not received any response from Grantee to such submission, then Grantors
shall notify Grantee that they have not received any response to such submission. If Grantee
fails to respond to such second notice with 10 days thereafter, then Grantee shall be deemed to
have approved Grantors' proposed action or request.
Whenever an action by Grantors require the approval of Grantee, it is understood
Grantors must also obtain any required governmental approvals for the action.
4.08 Alienabilitv
Grantors shall have the right to convey, mortgage or lease all of its remaining interest in
the Property but only subject to this Easement. Grantors shall promptly notify Grantee of any
conveyance of any interest in the Property, including the full name and mailing address of any
transferee, and the individual principals thereof, under any such conveyance. The instrument of
any such conveyance shall specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this Easement, and shall
incorporate this Easement by reference, specifically setting for the date, office, liber and page of
the recording hereof. The failure of any such instrument to comply with the provisions hereof
shall not affect Grantee's rights hereunder.
ARTICLE FIVE
9
GRANTORS' OBLIGATIONS
5.01 Taxes and Assessments
Grantors shall continue to pay all taxes, levies, and assessments and other govermnental
or municipal charges, which may become a lien on the Property, including any taxes or levies
imposed to make those payments. If Grantors fail 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 Grantors, 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 priority as the item if not paid would have become,
and shall bear interest until paid by Grantors at three percentage points over the prime rate of
interest from time to time charged by Citibank, N.A., or its corporate successor.
5.02 Indemnification
Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent
contractors arising from the physical maintenance or condition of the Property or from any taxes,
levies or assessments upon it or resulting from this Easement, all of which shall be considered
Grantors' obligations.
5.03 Third Party Claims
Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent
contractors resulting: (a) from injury to persons or damages to property arising from any activity
on the Property, except those due solely to the acts of the Grantee, its officers, employees,
agents, or independent contractors; and (b) from actions or claims of any nature by third parties
arising out of the entering into or exercise of rights under this easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees, agents, or independent
contractors.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable times, upon prior
notice to Grantors, and in a manner that will not interfere with Grantors' 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 hereof, nor to permit access
upon the Property by the public.
10
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IeI
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
6.02 Restoration
Grantee shall have the right to require the Grantors to restore the Property to the
condition required by this Easement and to enforce this right by any action or proceeding that
Grantee may reasonably deem necessary. However, Grantors shall not be liable for any changes
to the Property resulting from causes beyond the Grantors' control, including, without limitation,
fire, flood, storm, and earth movement, or from any prudent action taken by the Grantors under
emergency conditions to prevent, abate, or mitigate significant injury to persons or to the
Property resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantors acknowledge and agree that Grantee's remedies at law for any violation of this
Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of
Grantee hereunder at law or in equity, in the event any breach, default or violation of any term,
provision, covenant or obligation on Grantors' part to be observed or performed pursuant to this
Easement is not cured by Grantors within fifteen (15) days notice thereof by Grantee (which
notice requirement is expressly waived by Grantors 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 Grantors' sole cost and expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to terminate or cure
such breach, default or violation and/or to cause the restoration of that portion of
the Property affected by such breach, default or violation to the condition that
existed prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided, however, that
any failure, delay or election to so act by Grantee shall not be deemed to be a
waiver or a forfeiture of any right or available remedy on Grantee's part with
respect to such breach, default, or violation or with respect to any other breach,
default or violation of any term, condition, covenant or obligation under this
Easement.
Grantors 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.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the
effect of waiving or limiting any otherremedy 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.
11
6.06 Assignabilitv
Grantee shall have the right to assign any and all of its rights and responsibilities under
this Easement, and any and all of its rights, title and interest in and to this Easement only to a
qualified organization (herein called "the Assignee"). As used herein: the term "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 ofthe 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
ofthis Easement. The Assignee and its successors and assigns shall have the same right of
assignment, subject to compliance with the provisions ofthis Section 6.06.
6.07 Succession
If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee
or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section
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 6.06 as the Grantee shall designate. If, on
the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of
its rights and responsibilities under this Easement and all of its rights, title and interest in and to
this Easement to a qualified organization, then the rights and responsibilities under this Easement
shall become vested in the Town 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 competent jurisdiction.
6.08 Extinguishment
This Easement gives rise to a property right and interest immediately vested in the
Grantee. For purposes of this Section 6.08, the fair market value of such right and interest shall
be equal to the difference, as of the date hereof, between the fair market value of the Property
subject to this Easement and the fair market value of the Property if unencumbered hereby (such
difference, divided by the fair market value of the Property unencumbered by this Easement, is
hereinafter referred to as the "Proportionate Share". For purposes of this easement, the
Proportionate Share is 16% as shown on the Appraisal dated July 6,2006 and included in the
Baseline Documentation as provided in Section 0.06). In the event a material and potentially
unforeseeable change in the conditions surrounding the Property makes impossible its continued
use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a
judicial proceeding, Grantors shall pay to Grantee an amount equal to the Proportionate Share of
the fair market value of the Property at such time. In the event of a sale by Grantors to an
unrelated person subsequent to such extinguishment, or a transfer made on account ofthe
exercise ofthe power of eminent domain, the sale price or condemnation award shall establish
fair market value. Absent such a sale, the Property's fair market value shall be established by
independent appraisal.
If all or any part of the Property is taken under the power of eminent domain by public,
corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu
of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively
to frustrate the purposes hereof, Grantors and Grantee shall join in appropriate proceedings at the
12
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
time of such taking to recover the full value of the interests in the property subject to the taking
and all incidental or direct damages resulting from the taking. All expenses reasonably incurred
by the parties to this Easement in connection with such taking shall be paid out of the recovered
proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered
proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with
the purposes of this Easement. The respective rights of Grantors and Grantee set forth in this
Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law
with respect to a modification or termination of this Easement by reason of changed conditions
or the exercise of powers of eminent domain as aforesaid.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties concerning its
subject matter. Any prior agreement between the parties concerning its subject matter shall be
merged into this Easement and superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as a Conservation Easement
in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this
Easement if such amendment shall be necessary, to entitle Grantors 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 in accordance with the common and
statutory law of the State of New York applicable to the termination and modification of
easements and covenants running with the land. Grantee and Grantors shall mutually have the
right to agree to amendments to this Easement that are not inconsistent with the purposes of this
Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no
right or power to agree to any amendments hereto that would result in this Easement failing to
qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental
Conservation Law ofthe State of New York, as the same may be hereafter amended, any
regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified
conservation contributions".
7.03 Severabilitv
Any provision of this Easement restricting Grantors' activities, which is determined to be
invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be
reduced or limited to whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is determined to be invalid or unenforceable
. by a court shall be severed from the other provisions, which shall remain enforceable and
effective.
13
14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
7.04 Notice
All notices required by this Easement must be written. Notices shall be delivered by
hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid
postage affixed and with return receipts requested. Mailed notice to Grantors shall be addressed
to Grantors' address as recited herein, or to such other address as Grantors 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.
7.05 Governing Law
New York Law applicable to deeds and conservation easements pertaining to land located
within New York shall govern this Easement in all respects, including validity, breach, violation
and performance, except as provided in Section 7.06.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party's attorney. No
alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it.
If any provision of this Easement is ambiguous or shall be subject to two or more inteIJlretations,
one of which would render that provision invalid, then that provision shall be given such
inteIJlretation as would render it valid and be consistent with the pUIJloses of this Easement. Any
rule of strict construction designed to limit the breadth of the restrictions on use of the Property
shall not apply in the construction or inteIJlretation of this Easement, and this Easement shall be
inteIJlreted broadly to effect the pUIJloses of this Easement as intended by the parties. The
parties intend that this Easement, which is by nature and character primarily negative in that
Grantors have restricted and limited his or her right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its pUIJloses.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be inteI}lreted to grant, to the public
any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this Easement shall survive its
execution.
7.09 Recording
Grantee shall record this Easement in the land records ofthe office of the Clerk of the
County of Suffolk, State of New York.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantors have 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:
BY:
BY:
· patri~~
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST, INCORPORATED (Grantee)
BY:
STATEOFNEWYORK )
COUNTY OF SUFFOLK ) SS:
On this I 'I day of 5e.pt. in the year 2006 before me, the undersigned, personally
appeared::lOhn v. H. H<>.Ise.y, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
~
Notary Public
DONNA M. BOYA
NOTARY PUBUC STATE OF New l'DII/(
QU,..~O.01B06092647
~roEO IN SUFFOLK COUNTY
COMMISSION EXPIRES 6127120()7
15
16
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
STATEOFNEWYORK )
COUNTY OF SUFFOLK) SS:
On this t.1lday o~Wthe year 2006 before me, the undersigned, personally
appeared ~C ~ personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
~~~Vl&Jlu'
Notary Public
MELANIE OOROSKI
NOTARY PUBLIC, State of New York
No. 01004634870
Qualified In Suffolk County '" 1'\[1 "
Commission Exp~es September 30.~ v
STATEOFNEWYORK )
COUNTY OF SUFFOLK ) SS:
o~('(-4ay of),lurotfi(the year 2006 before me, the undersigned, personally
appeared 'dC'S: ~, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowlecip'f":n tn mp: th~t lu"/ch..../th....,, "'"v.......n+....A +....... ................... ~_ 1...:_11..__',,-1_ _:.. _. ..,.... . ~
\
COUNTY CLERK'S OFFICE
STATE OF NEW YORK SS.:
COUNTY OF SUFFOLK
\
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof, do hereby certify that I have ~ompared the annexed ,::i~_t~)-
original O~~rY.~. .e~e~. . RECORDED III the office on .l.O:.J...~
under LIBER ......J.?,y.7.~.........PAGE .OO.6.....and, that the same is a true
copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of
said County and Court on this . .~~.~. .day of . O'gpfj.'ef{........., 200.b..
CLE41L1I1r:L.lL./)~ ", ~ 1../
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SCHEDULE A
SUGGESTED DESCRIPTION PROPERTY IN SOUTHOLD:
SCTM: 1000-50-01-011000-50-02-15.2
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE, lYING AND BEING AT
SOUTHOLD, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK,
BEING BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SOUND VIEW AVENUE AT THE
INTERSECTION FORMED BY THE NORTHERLY LINE OF SOUND VIEW AVENUE WITH THE
EASTERLY LINE OF OTHER LANDS OF EDWARD BOOTH, SAID POINT AND PLACE OF
BEGINNING BEING A DISTANCE OF 1769 FEET MORE OR lESS AS MEASURED ALONG
THENORTHERl Y LINE OF SOUND VIEW AVENUE IN AN EASTERLY DIRECTION FROM
THE INTERSECTION FORMED BY THE NORTHERl Y LINE OF SOUND VIEW AVENUE WITH
THE EASTERLY LINE OF LIGHTHOUSE ROAD;
RUNNING THENCE FROM SAID POINT AND PLACE OF BEGINNING AlONG OTHER LANDS
NOW OF FORMERLY OF EDWARD BOOTH NORTH 34 DEGREES 58 MINUTES 25
SECONDS EAST A DISTANCE OF 611.44 FEET TO A POINT AND THE MEAN HIGH WATER
MARK OF THE lONG ISLAND SOUND;
THENCE AlONG TIE LINES ALONG THE MEAN HIGH WATER MARK OF LONG ISLAND
SOUND SOUTH 61 DEGREES 12 MINUTES 10 SECONDS EAST A DISTANCE OF 485.09
FEET TO A POINT;
THENCE SOUTH 68 DEGREES 52 MINUTES 20 SECONDS EAST A DISTANCE OF 136.36
FEET TO A POINT AND LAND OF NOW OR FORMERLY OF KATIE NICKOLAUS;
THENCE SOUTH 17 DEGREES 05 MINUTES 30 SECONDS EAST A DISTANCE OF 374.57
I"EET TO A POINT;
THENCE NORTH 82 DEGREES 34 MINUTES 30 SECONDS EAST A DISTANCE OF 141.08
FEET TO A POINT;
THENCE SOUTH 11 DEGREE 13 MINUTES 50 SECONDS EAST STill ALONG LANDS NOW
OR FORMERLY OF KATIE NICKOLAUS A DISTANCE OF 275.31 FEET TO A POINT AND THE
NORTHE~l Y LINE OF SOUND VIEW AVENUE;
. THENCE SOUTH 73 DEGREES 27 MINUTES 10 SECONDS WEST ALONG THE NORTHERLY
LINE OF SOUND VIEW AVENUE A DISTANCE OF 379.65 FEET TO A POINT AND THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 225.25 FEET;
THENCE AlONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 225.25 FEET A
DISTANCE OF 219.57 FEET TO A POINT;
THENCE NORTH 50 DEGREES 41 MINUTES 50 SECONDS WEST A DISTANCE OF 522.65
FEET TO THE POINT AND PLACE OF BEGINNING.
.
CONTAINING 11.293 ACRES TO TIE LINES.
~
/
~
the Lands of
Booth
~
I
Town of Southold
Suffolk County, New York
1~' i18",
44' \' 'I
'\" if~ '
, ~MJll"$1;Jall Barn .
, ' l 't.oQOJ: sq. ft ,
j}- j .
1. J'
7 ,',
Residential Cottage
704% sq. ft
,...,,-
'-' ~.',...
, .
,.Ii
'",-0"
I
Stable
8400t sq. ft
,
I
t
Exhibit A
~z.,.1" ~7'
".,"" '~, ~'"=,,. "Y"'"'~
~)!. \ ,-~.
,
"\
\\-'
"'"
0' 25' \ 75' 125' 225'
I I '1\ I I
r~ I_ Peconic Land Trust
~~~NewYod 1190
(631)2&3-3195
I
I
I
I
I
I
I Type of :Instrument: EASEMENT/DOP
NUmber of Pages: 20
I Receipt NUmber : 06-0104138
TRANSFER TAX NUMBER: 06-10668
I
I
I
I
I
I
I
I
I
I
I
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Recorded:
At:
LIBER:
PAGE:
District:
1000
Section:
051.00
EXAM:INED AND
$0.00
FOLLOWS
Block:
01. 00
CHARGED AS
Deed Amount:
Received the Following Fees For
Above :Instrument
Exempt
NO
NO
NO
NO
NO
NO
tax
Page/Filing
COE
TP-584
Cert.Copies
SCTH
Comm.Pres
$60.00
$5.00
$5.00
$13.00
$0.00
$0.00
Handling
NYS SRCHG
Notation
RPT
Transfer
Fees Paid
TRANSFER
TAX NUMBER: 06-10668
TH:IS PAGE :IS A PART OF THE :INSTRUMENT
TH:IS :IS NOT A B:ILL
Judith A. Pascale
County Clerk, Suffolk County
10/25/2006
12:31:19 PM
D00012475
749
Lot:
001.000
$5.00
$15.00
$0.50
$50.00
$0.00
$153.50
Exempt
NO
NO
NO
NO
NO
I ;;'0
Number of pages
I TORRENS
Serial #
I Certificate #
Prior Clf. #
I Deed / Mortgage Instrument Deed / Mortgage Tax Stamp
3 FEES
Page I Filing Fee 0-
I Handling 5. 00
TP-584 t;f[)
I Notation SUbTOtal~~~
EA-52 17 (County)
I EA-5217 (State)
R.P.T.S.A. ,c:, () CI:L
Comm. of Ed. 5. 00
I Affidavit
;3 .-
Certified Copy -
I NYS Surcharge 15. 00
Sub Total
Other
Grand Total
I
Section Block Lot
I Real Property 1000 051"00 0100 001000
Tax Service 1000 05000 0200 015002
Agency ~
Verification R ;:A
I
RECORDED
2006 Oct 25 12:31:19 PM
Judith R, Pascale
CLEW OF
SUFFOLK COUNTY
L D00012475
P 749
DT# 06-10668
Recording I Filing Stamps
Mortgage AmI.
1. Basic Tax
2. Additional Tax
Sub Total
Specl Assil.
or
Spec./Add.
TOT. MTG. TAX
Dual Town _ Dual County
Held for Appointment
ThmsferTax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO. see appropriate tax clause on
page # _ of this instrument.
5 Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
I
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
TO
TO
I
Peconic Land Trust Incorporated
296 Hampton Road, PO Box 1776
Southampton, NY 11969
TO
7 Title Com an Information
I
I 8
Co. Name
Title #
Suffolk Count Recordin & Endorsement Pa e
This page forms part of the attachedCorrection Dppn (")f ('nn.:u:.ru..,.f-;",1'1 "'.....o.m<>.nf.
(SPECIFY TYPE OF INSTRUMENT)
made by:
I
Edward c. Rnnt-l1. P"'h"i.....i"" c:: J:l.QQth Thepremiseshereinissituatedin
SUFFOLK COUNTY. NEW YORK.
I
In the Township of
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR PILING.
TO
~t"'Illt-ht"'l1n
Peconic Land Trust rn~nrpnr",t-~n
Southold
I
(over)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CORRECTION DEED OF CONSERVATION EASEMENT
This document shall serve to correct the Deed of Conservation Easement recorded on
October 2, 2006, in Liber DOOOI2472 at Page 006 as it pertains to Suffolk County Tax Map
Number District 1000, Section 051.00, Block 01.00, Lot 001.000 and Suffolk County Tax
Map Number District 1000, Section 050.00, Block 02.00, Lot 015.200. The required
correction is as follows: there is an error in the legal description for these parcels.
THIS DE~F CONSERVATION EASEMENT, is made on the ,cf4 day of
odo 2006 at Southampton, New York. The parties are Edward C. Booth and
Patricia S. Booth residing at 17235 Soundview Avenue, Southold, New York 11971 (herein
called "Grantors") and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New
York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776,
Southampton, New York 11969 (herein call "Grantee").
INTRODUCTION
WHEREAS, Edward C. Booth and Patricia S. Booth are the owners in fee simple of 5-
acres of property further described as Suffolk County Tax Map Parcel Number (SCTM #) 1000-
51-1-1 and 6-acres of property further described as SCTM# 1000-50-2-15.2 located in the Town
of Southold, Suffolk County, New York, more fully described in SCHEDULE A and shown on
the Conservation Easement Map marked EXHIBIT A, both attached hereto, made a part hereof,
and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District
of the Town of South old 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 South old code, Section 100-30; and
WHEREAS, the Property contains two (2) existing primary residences, a residential
cottage, a barn (the Marshall Barn), a stable and a guest studio with bathroom; and
WHEREAS, Grantor wishes to grant a Conservation Easement on the Property so that a
portion of the Property shall remain in its open, undeveloped state and be available for open
space and agriculture, and a portion of the Property, may be developed with no more than the
two (2) existing single-family residences, with appurtenant structures and improvements; and
WHEREAS, the Property contains soils classified as Class I and Class II worthy of
conservation as identified by the United States Department of Agriculture Soil Conservation
Service's Soil Survey of Suffolk County, New York; and
WHEREAS, the Property is immediately to the north of approximately 28 acres of
agricultural land protected by the Grantors through the sale of development rights to the Town of
Southold on June 14,2005; and
WHEREAS, a portion of the Property is in the Coastal Erosion Hazard Area, which,
according to the Town of Southold code, Section 37 is an identified area that warrants regulation
for the purpose of protecting natural features and natural resources; and
WHEREAS, the property is located within an area that contains or is qualified as a
Natural Features Area, including bluffs, beaches and dunes, and which, pursuant to the Town of
I
2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Southold code, Section 37, should be protected from rapid growth in order to limit erosion,
turbidity, siltation, saltwater intrusion, protect marine life, protect wildlife habitat, lessen
flooding, and protect water filtration and recharge; and
WHEREAS, it is the policy of the Town of South old, as articulated in the Town's Master
Plan of ]973, amended in ]986 and ]989 as adapted by the Town Board, Town of South old
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, New York State has recognized the importance of private efforts to preserve
land in a scenic, natural and open condition through conservation easements by enactment of
Environmental Conservation law, Section 49-030], et.seq.; and
WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section
57-0]0], et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," declared it to be in
the public interest to protect and manage the Pine Barrens/Peconic Bay maritime system,
including the Property; and
WHEREAS, the Property is part of the Peconic Estuary System which was included in
the National Estuary Program by determination of the United States Environmental Protection
Agency on September 9, ]992, as a "nationally significant estuary"; and
WHEREAS, the Property has a total of ],]22 feet of road frontage on Soundview Avenue
which offers the public significant, scenic vistas from a public highway of the subject property,
as well as 276 feet on Long Island Sound; and
WHEREAS, Grantor and Grantee recognize the value and special character of the region
in which the Property is located, and Grantor and Grantee have, in common, the purpose and
objective of protecting and conserving the present state and inherent, tangible and intangible
values of the AgriculturaI Area and Scenic Easement Area as an aesthetic, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has requested
Grantors, for themselves and their successors and assigns, to grant a Conservation Easement to
Grantee in order to restrict the further development of the Property while permitting compatible
uses thereof;
NOW THEREFORE:
0.01 Grantor's Warrantv
Grantor warrants and represents to the Grantee that Grantors are the owners of the
Property described in SCHEDULE A, free of any mortgages or liens and possess the right to
grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantors that Grantee is a 50](c)(3) qualified not-for-
profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
(hereinafter 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 New York State.
0.03 Purpose
The parties recognize the aesthetic, scenic and agricultural 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 Grantors to Grantee, exclusively for the purpose of
preserving its open space character in perpetuity for its 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 hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Government Recognition
New York State has recognized the importance of private efforts to preserve rural land in
a scenic, natural, and open condition through conservation restrictions by enactment of
Environmental Conservation Law, Article 49-0301, et. seq. Similar recognition by the federal
government includes Section 170(h) of the Internal Revenue Code and other federal statutes.
0.05 Grantee's Warranty
Grantee warrants and represents that it possesses the intent and ability to enforce the
terms of this Conservation Easement on the Property, and that the Property satisfies the criteria
adopted by Grantee relating to the quality and characteristics of open land that should be
protected and maintained as open land, as determined by the Board of Directors at a duly
constituted meeting of that Board on November 21,2005.
0.06 Documentation
Grantee acknowledges by acceptance of this Easement that present uses of the Property
are compatible with the purposes of this Easement. Grantors have made available to Grantee
sufficient documentation to establish the condition of the Property at the time of the gift of this
Easement. In order to aid in identifying and documenting the present condition of the Property's
scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting
the Property's open space values as of the date hereof, to assist Grantors and Grantee with
monitoring the uses and activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared, with Grantors' cooperation, an inventory of the Property's relevant
features and conditions (the "Baseline Documentation"). This Baseline Documentation includes,
but need not be limited to, a Conservation Easement Map marked EXHffiIT A, an aerial
photograph, photographs of the Property, a topographical map, a description and site plan of
existing land uses, features, and structures and a copy of the appraisal referred to in Section 6.08
hereof and an acknowledgment page signed by Grantors and Grantee which verifies that the
Baseline Documentation report accurately represents the condition of the Property at the time of
the easement. Grantors and Grantee acknowledge and agree that in the event a controversy
arises with respect to the nature and extent of the Grantors' uses of the Property or its physical
condition as ofthe date hereof, the parties shall not be foreclosed from utilizing any other
relevant or material documents, surveys, reports, photographs, or other evidence to assist in the
resolution ofthe controversy.
3
4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
0.07 Recitation
In consideration of the recited facts, mutual promises, undertakings, and forbearances
contained in this Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Conservation Easement (herein called the "Easement"). This
Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein.
Reference to this "Easement" or its "provisions" shall include any and all of those covenants,
restrictions, rights, terms and conditions.
1.02 Duration
This Easement shall be a burden upon and run with the Property in perpetuity.
1. 03 Effect
This Easement shall run with the Property as an incorporeal interest in the Property, and
shall extend to and be binding upon Grantors, Grantors' agents, tenants, occupants, heirs,
personal representatives, successors and assigns, and all other individuals and entities. The word
"Grantors" when used herein shall include all of those persons or entities. Any rights,
obligations; and interests herein granted to Grantee shall also be deemed granted to each and
every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used
herein shall include all of those persons or entities.
ARTICLE TWO
GIFT
GRANTORS, as an absolute gift, hereby grant, release, and convey to Grantee this
Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantors.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and practices shall be
prohibited forever upon or within the Property:
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.01 Structures
Except as provided in Section 4.06, 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. Structures and improvements, including, but not limited to,
driveways and agricultural structures as permitted in Section 4.06 hereof, may not be made on,
over, or under the Open Area without the prior written consent of the Grantee which may be
granted ifthe structure or improvement is consistent with the terms and conditions of this
Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary to construct and
maintain permitted structures and improvements on the Property shall be prohibited, without the
prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or
subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place,
nor shall the topography of the Property be changed except to construct and maintain the
permitted structures and improvements on the Property and for purposes of erosion control and
soil management, without the prior written consent of Grantee.
3.03 Subdivision
The subdivision or partitioning of the Property (other than the two separate parcels which
now exist) shall be prohibited without the prior written consent of Grantee.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials including, but not
limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited.
This prohibition shall exclude materials used on the property in the normal course of sound
agricultural practices, including fertilization and composting.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited, except signs
whose placement, number, and design do not significantly diminish the scenic character of the
Property and only for any of the following purposes: (a) to state the name of the Property and
the names and addresses of the occupants, (b) to temporarily advertise the Property or any
portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) to announce Grantee's conservation easement. Signs shall not be more than six square feet in
size, be non-illuminated and are subject to regnlatory requirements of the Town.
3.06 Landscaping and the Cutting of Timber
The removal of trees, shrubs, or other vegetation and the cutting or harvesting of timber
on the Property shall be shall be prohibited except as permitted in Section 4.04 and for the
following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by
forces of nature, (b) to prune and selectively thin trees to create limited vistas in accordance with
good forest management practices, historical uses and the purposes of this Easement, (c) to
5
6
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
landscape the single-family residences and appurtenant structures and improvements permitted
on the Property, (d) to construct and maintain permitted driveways on the Property, and (e) to
clear trees and bushes as necessary to return the Property to agricultural purposes in the future if
it has lain fallow and was allowed to become wooded.
3.07 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or erosion or
pollution of any surface or subsurface waters shall be prohibited; provided that this prohibition
shall not be construed as extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides)
that are in accordance with sound agricultural management practices of the US Department of
Agriculture's National Resource Conservation Service.
3.08 Utilities
The creation or placement of new overhead utility transmission lines, utility poles, wires,
pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior
written consent of the Grantee. New utilities must, to the extent possible, be constructed within
30 feet of the centerline of roads or driveways, and may be used solely to service the permitted
structures.
3.09 Uses
The use of the Property for any commercial, commercial-recreational or industrial
purpose shall be prohibited except as provided herein. Residential and agricultural uses
permitted in this Easement shall not be considered commercial or industrial uses.
3.10 Drainage
The use of the Property for a leaching or sewage disposal field shall be prohibited, except
to service the permitted structures. The use of the Property for a drainage basin or surnp shall be
prohibited, except in accordance with sound agricultural management practices and in order to
control flooding or soil erosion on the Property.
3.11 Develooment Rights
The use of the acreage of this Property for purposes of calculating lot yield on any other
Property shall be prohibited. Grantors hereby grant to Grantee all existing development rights
(and any further development rights that may be created through a rezoning of the Property) on
the Property, except for the right to construct, maintain and replace the pre-existing structures,
and as provided in Section 4.06 and the parties agree that such rights shall be terminated and
extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantors shall retain all other customary
rights of ownership in the Property, some of which are more particularly described in this
ARTICLE FOUR.
4.02 Possession
Grantors shall continue to have the right to exclusive possession of the Property.
4.03 Use
Grantors shall have the right to use the Property in any manner and for any purpose
consistent with and not prohibited by this Easement as well as applicable local, New York, State,
or federal law.
4.04 Landscaoing Activities
Except as prohibited in Section 3.06, Grantors shall have the right to continue the current
modes oflandscaping, pruning and grounds maintenance on the Property. Grantors shall have
the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or
damaged or trees that may pose a threat of injury. Grantors shall have the right to remove or
restore trees, shrubs, or other vegetation to create limited vistas in accordance with good forest
management practices, to return the Property to its historical uses and the purposes of this
Easement.
4.05 Agricultural Activities
Grantors shall have the right to engage in all types of agricultural activity as the term is
defined in Section 301 of the New York State Agriculture and Markets Law, provided that such
activity shall be conducted in accordance with the purposes of this Easement.
4.06 Structures
A. Allowable Residential Imorovements
Grantors shall have the right to replace, maintain, renovate and re-construct only
the existing two (2) primary residences, the residential cottage and the guest studio, with
appurtenant structures and improvements necessary to serve such residences including,
without limitation, driveways, garages, storage sheds, septic systems and leaching fields,
swimming pools, pool houses, tennis courts, and other family-scale athletic facilities.
The size and location of such additional appurtenant structures shall be subject to
Grantee's approval in order to minimize their impact on agricultural use. Grantors shall
have the right to remove trees, shrubs, or other vegetation reasonably necessary to
construct or replace such single-family residences and appurtenant structures and
improvements.
For purposes of this Easement, footprint means the square footage of the enclosed
building at or near ground level excluding decks. With the exception of the existing
single-family residence on SCTM# 1000-51-1-1, the other single family residence SCTM
7
8
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
#1000-50-2-15.2 (with an existing footprint of approximately 1,465 square feet) and all
other structures and improvements shall be constructed, maintained and replaced within
the their current footprint or expanded to no more than twice the size of the original
footprint as shown on Exhibit "A", attached hereto. The footprint of the existing
principal single-family residence on SCTM# 1000-51-1-1 may be expanded to no more
than twice the size of the present existing footprint of approximately 1,430 square feet
(excluding the area of the deck) as shown on Exhibit "A" and the entire structure may be
relocated farther from the Long Island Sound to conform with applicable regulatory
codes. Grantors must receive prior written.consent from Grantee prior to such relocation.
In the event of such relocation, the existing location must be restored to a level earth
usable for agricultural purposes so that the relocation does not require a diminution of
land available for agricultural purposes.
Grantors shall have the right to create one (I) accessory apartment in each
principal single-family residence provided that such use is allowed in the code of the
Town of Southold. Accessory apartments are subject to the regulatory requirements of
the Town of South old.
B.
Allowable Non-Residential Improvements
Grantors shall have the right to maintain the existing non-residential
improvements without the prior written consent of the Grantee and shall have the right to
construct, replace, relocate, and renovate the following improvements, which are
necessary for and consistent with the uses permitted in Section 4.05 and 4.06 hereof, with
the prior written consent of Grantee:
(i) Agricultural structures, including but not limited to stables, barns, sheds, and silos
as are necessary for the agricultural uses of the Property, placed so that they do
not detract from or adversely affect the agricultural, open space and scenic values
protected by this Easement. The total of all such structures on parcel SCTM#
1000-51-1-1 shall not exceed a footprint of 6,000 square feet and on parcel
SCTM# 1000-50-2-15.2 shall not exceed a footprint of 5,000 square feet;
(ii) Unpaved trails, provided that trail use be restricted to pedestrian, equestrian,
bicycle, cross-country ski, or other non-motorized vehicular use;
(iii) Underground facilities used to supply utilities, septic systems, leaching fields, and
control stormwater runoff from the improvements permitted under the terms of
this Section 4.06;
(iv) Fences, if they are placed so that they do not block or detract from the scenic
view, may be constructed without the prior written consent of Grantee, but with
ten (10) days prior written notice to Grantee;
(v) Access drives, to the extent necessary to provide access to the improvements
permitted by this Section 4.06; and
(vi) Stairs to access Long Island Sound, as well as a bulkhead along Long Island
Sound. Any such activity is subject to appropriate governmental approval,
including the regulatory requirements of the Town.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
C. Replacement of Structures In-Kind
In the event of damage resulting from casualty to an extent which renders repair
of any existing improvements 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 any improvement permitted to be constructed hereunder
shall be consistent with the conservation purposes intended herein, and construction of
any such improvement shall minimize disturbances to the environment. Grantors shall
employ erosion and sediment control measures to insure that storm water runoffwill not
carry eroded and other deleterious materials into Long Island Sound, 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
Grantors shall notify Grantee, in writing, before taking any action or before exercising
any reserved right with respect to the Property, which could adversely affect the environmental,
scenic, open space, and agricultural values which are the subject of this Easement. This includes
the construction of any structures as provided in Section 4.06 hereof. Grantor shall provide
Grantee with complete documentation including information on the need for and use of such
structures, and architectural plans of any proposed structures, which are subject to Grantee's
approval. Such approval, disapproval or comments of Grantee shall be given to Grantors within
45 days after all necessary documentation and information is submitted to Grantee. If, after 45
days, Grantors have not received any response from Grantee to such submission, then Grantors
shall notifY Grantee that they have not received any response to such submission. If Grantee
fails to respond to such second notice with 10 days thereafter, then Grantee shall be deemed to
have approved Grantors' proposed action or request.
Whenever an action by Grantors require the approval of Grantee, it is understood
Grantors must also obtain any required governmental approvals for the action.
4.08 Alienability
Grantors shall have the right to convey, mortgage or lease all of its remaining interest in
the Property but only subject to this Easement. Grantors shall promptly notify Grantee of any
conveyance of any interest in the Property, including the full name and mailing address of any
transferee, and the individual principals thereof, under any such conveyance. The instrument of
any such conveyance shall specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms ofthis Easement, and shall
incorporate this Easement by reference, specifically setting for the date, office, liber and page of
the recording hereof. The failure of any such instrument to comply with the provisions hereof
shall not affect Grantee's rights hereunder.
9
10
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ARTICLE FIVE
GRANTORS' OBLIGATIONS
5.01 Taxes and Assessments
Grantors 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 Grantors fail 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 Grantors, 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 priority as the item ifnot paid would have become,
and shall bear interest until paid by Grantors at three percentage points over the prime rate of
interest from time to time charged by Citibank, N.A., or its corporate successor.
5.02 Indemnification
Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent
contractors arising from the physical maintenance or condition of the Property or from any taxes,
levies or assessments upon it or resulting from this Easement, all of which shall be considered
Grantors' obligations.
5.03 Third Partv Claims
Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent
contractors resulting: (a) from injury to persons or damages to property arising from any activity
on the Property, except those due solely to the acts of the Grantee, its officers, employees,
agents, or independent contractors; and (b) from actions or claims of any nature by third parties
arising out of the entering into or exercise of rights under this easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees, agents, or independent
contractors.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and InsPection
Grantee shall have the right to enter upon the Property at reasonable times, upon prior
notice to Grantors, and in a manner that will not interfere with Grantors' 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 hereof, nor to permit access
upon the Property by the public.
6.02 Restoration
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Grantee shall have the right to require the Grantors to restore the Property to the
condition required by this Easement and to enforce this right by any action or proceeding that
Grantee may reasonably deem necessary. However, Grantors shall not be liable for any changes
to the Property resulting from causes beyond the Grantors' control, including, without limitation,
fire, flood, storm, and earth movement, or from any prudent action taken by the Grantors under
emergency conditions to prevent, abate, or mitigate significant injury to persons or to the
Property resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantors acknowledge and agree that Grantee's remedies at law for any violation of this
Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of
Grantee hereunder at law or in equity, in the event any breach, default or violation of any term,
provision, covenant or obligation on Grantors' part to be observed or performed pursuant to this
Easement is not cured by Grantors within fifteen (15) days notice thereof by Grantee (which
notice requirement is expressly waived by Grantors 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 Grantors' sole cost and expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to terminate or cure
such breach, default or violation and/or to cause the restoration of that portion of
the Property affected by such breach, default or violation to the condition that
existed prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided, however, that
any failure, delay or election to so act by Grantee shall not be deemed to be a
waiver or a forfeiture of any right or available remedy on Grantee's part with
respect to such breach, default, or violation or with respect to any other breach,
default or violation of any term, condition, covenant or obligation under this
Easement.
Grantors 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.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the
effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in
exercising any remedy shall not 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.
II
12
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
6.06 Assignabilitv
Grantee shall have the right to assign any and all of its rights and responsibilities under
this Easement, and any and all of its rights, title and interest in and to this Easement only to a
qualified organization (herein called "the Assignee"). As used herein: the term "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 l70(h)(3) of the
Code, which is organized or operated primarily or substantially for one ofthe 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 6.06.
6.07 Succession
If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee
or any Assignee ceases to exist or ceases to be a qualified organization under lR.C. Section
l70(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as
defined and upon the conditions contained in Section 6.06 as the Grantee shall designate. If, on
the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of
its rights and responsibilities under this Easement and all of its rights, title and interest in and to
this Easement to a qualified organization, then the rights and responsibilities under this Easement
shall become vested in the Town 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 competent jurisdiction.
6.08 Extinguishment
This Easement gives rise to a property right and interest inunediately vested in the
Grantee. For purposes of this Section 6.08, the fair market value of such right and interest shall
be equal to the difference, as of the date hereof, between the fair market value of the Property
subject to this Easement and the fair market value of the Property if unencumbered hereby (such
difference, divided by the fair market value of the Property unencumbered by this Easement, is
hereinafter referred to as the "Proportionate Share". For purposes of this easement, the
Proportionate Share is 16% as shown on the Appraisal dated July 6, 2006 and included in the
Baseline Documentation as provided in Section 0.06). In the event a material and potentially
unforeseeable change in the conditions surrounding the Property makes impossible its continued
use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a
judicial proceeding, Grantors shall pay to Grantee an amount equal to the Proportionate Share of
the fair market value of the Property at such time. In the event of a sale by Grantors to an
unrelated person subsequent to such extinguishment, or a transfer made on account of the
exercise of the power of eminent domain, the sale price or condemnation award shall establish
fair market value. Absent such a sale, the Property's fair market value shall be established by
independent appraisal.
If all or any part of the Property is taken under the power of eminent domain by public,
corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu
of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively
to frustrate the purposes hereof, Grantors and Grantee shall join in appropriate proceedings at the
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
time of such taking to recover the full value of the interests in the property subject to the taking
and all incidental or direct damages resulting from the taking. All expenses reasonably incurred
by the parties to this Easement in connection with such taking shall be paid out of the recovered
proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered
proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with
the purposes of this Easement. The respective rights of Grantors and Grantee set forth in this
Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law
with respect to a modification or termination of this Easement by reason of changed conditions
or the exercise of powers of eminent domain as aforesaid.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties concerning its
subject matter. Any prior agreement between the parties concerning its subject matter shall be
merged into this Easement and superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as a Conservation Easement
in perpetuity under I.R.C. Section l70(h). The parties agree to amend the provisions of this
Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of
Code Section l70(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 in accordance with the common and
statutory law of the State of New York applicable to the termination and modification of
.easements and covenants running with the land. Grantee and Grantors shall mutually have the
right to agree to amendments to this Easement that are not inconsistent with the purposes of this
Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no
right or power to agree to any amendments hereto that would result in this Easement failing to
qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental
Conservation Law of the State of New York, as the same may be hereafter amended, any
regulation issued pursuant thereto, or Section l70(h) of the Code governing "qualified
conservation contributions".
7.03 Severabilitv
Any provision of this Easement restricting Grantors' activities, which is determined to be
invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be
reduced or limited to whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is determined to be invalid or unenforceable
by a court shall be severed from the other provisions, which shall remain enforceable and
effective.
13
7.04 Notice
All notices required by this Easement must be written. Notices shall be delivered by
hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid
postage affixed and with return receipts requested. Mailed notice to Grantors shall be addressed
to Grantors' address as recited herein, or to such other address as Grantors 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.
7.05 Governing Law
New York Law applicable to deeds and conservation easements pertaining to land located
within New York shall govern this Easement in all respects, including validity, breach, violation
and performance, except as provided in Section 7.06.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party's attorney. No
alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it.
If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,
one of which would render that provision invalid, then that provision shall be given such
interpretation as would render it valid and be consistent with the purposes of this Easement. Any
rule of strict construction designed to limit the breadth of the restrictions on use of the Property
shall not apply in the construction or interpretation of this Easement, and this Easement shall be
interpreted broadly to effect the purposes of this Easement as intended by the parties. The
parties intend that this Easement, which is by nature and character primarily negative in that
Grantors have restricted and limited his or her right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public
any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this Easement shall survive its
execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office ofthe Clerk of the
County of Suffolk, State of New York.
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
-.
.
.
I
.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantors have 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:
BY:
7:LQJ\.~j~ .~
Edward C. Booth (Grantor)
BY:
~~'r~ 3. B~ hL <~~C. ~ fu.k.o~
Patricia S. Booth (Grantor) "'i J ~ f~, )
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST, INCORPORATED (Grantee)
BY:
STATE OF NEW YORK )
COUNTY OF SUFFOLK) SS:
o!! tJ1is~ day o~n the year 2006 before me, the undersigned, personally
appeared....bl... /J.Il. IfJSItj personally known to me or proved to me on the basis of satisfactory
evidence to be the indiv{dual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in hislher/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual( s) acted, executed the instrument.
-~/
/Y
Notary Public
--~
. ~
8TEPHEN SEARl.
NrMry:'~New'tbrk
'l1I...dlllKNaCIO
COil.. rllla"EIlplIiiiIlbt~
15
NolIIly~~
'lo "otfeIN)OO:-~
- 1~"ICIIiiII~ .
Co.,.. . J r I EIplM.... ,t,lIO.Qt>
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
STATEOFNEWYORK )
COUNTY OF SUFFOLK ) SS:
On this lo-tl. day of~n the year 2006 before me, the undersigned, personally
appeared &IwaJ.. 8x:rtt., personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in hislher/their capacity(ies), and that by
hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
~/~.
Notary Public
~--- /'
1
COUNTY CLERK'S OFFICE
STATE OF NEW YORK SS.:
COUNTY OF SUFFOLK
j
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
~~;~~r~.~~ .~.ce~.i.~~:~d~~~ i~m~;r~~fi~e 0:m!Qe~4~~~
under LIBER ..I;L~f.~J..J...........PAGE .~?-....and, that the same is a true
copy thereof, and of the whole of such original.
In Testimony Whereof, I ha~reunto set my: hC1nd affixed the sealff
said County and Court on this cY5.1.~ay of .....(!2 . ..........., 20..0y,
Qu.~ tl. f)1I4"~~
CLERK.. ................... ................. ...
16
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PECONIC SURVEYORS, PoCo
P.O. Box 909
1230 TRAVELER STREET
SOUTIiOLD, N.Y. 11971
631-765-50200 FAX 631-765-1797
John T. Metzger, L.S.
SCHEDULE A
SUGGESTED DESCRIPTION PROPERTY IN SOUTH OLD:
SCTM: 1000-51~1~11000-50~2-15.2
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING AT
SOUTHOLD, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, .
BEING BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SOUND VIEW AVENUE AT THE
INTERSECTION FORMED BY THE NORTHERLY LINE OF SOUND VIEW AVENUE WITH THE
EASTERLY LINE OF OTHER LANDS OF EDWARD BOOTH, SAID POINT AND PLACE OF
BEGINNING BEING A DISTANCE OF 1769 FEET MORE OR LESS AS MEASURED ALONG
THE NORTHERLY LINE OF SOUND VIEW AVENUE IN AN EASTERLY DIRECTION FROM
.THE INTERSECTION FORMED BY THE NORTHERLY LINE OF SOUND VIEW AVENUE WITH
THE EASTERLY LINE OF LIGHTHOUSE ROAD;
RUNNING THENCE FROM SAID POINT AND PLACE OF BEGINNING ALONG OTHER LANDS
NOW OF FORMERLY OF EDWARD BOOTH NORTH 34 DEGREES 58 MINUTES 25
SECONDS EAST A DISTANCE OF 611.44 FEETTOA POINT AND THE MEAN HIGH WATER
MARK OF THE LONG ISLAND SOUND;
THENCE ALONG TIE LINES ALONG THE MEAN HIGH WATER MARK OF LONG ISLAND
SOUND SOUTH 61 DEGREES 12 MINUTES 10 SECONDS EAST A DISTANCE OF 221.28
FEET TO A POINT;
THENCE SOUTH 68 DEGREES 52 MINUTES 20 SECONDS EAST A DISTANCE OF 136.36
FEET TO A POINT AND LAND OF N9W OR FORMERLY OF KATIE NICKOLAUS;
THENCE SOUTH 17 DEGREES 05 MINUTES 30 SECONDS EAST A DISTANCE OF 374.57
FEET TO A POINT;
THENCE NORTH 82 DEGREES 34 MINUTES 30 SECONDS EAST A DISTANCE OF 141.08
FEET TO A POINT;
mENCE SOUTH 11 DEGREE 13 MINUTES 50 SECONDS EAST STILL ALONG LANDS NOW
OR FORMERLY OF KATIE NICKOLAUS A DISTANCE OF 275.31 FEET TO A POINT AND THE
NORTHERLY LINE OF SOUND VIEW AVENUE;
THENCE SOUTH 73 DEGREES 27 MINUTES 10 SECONDS WEST ALONG THE NORTHERLY
LINE OF SOUND VIEW AVENUE A DISTANCE OF 379.65 FEET TO A POINT AND THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 225.25 FEET;
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 225.25 FEET A
DISTANCE OF 219.57 FEET TO A POINT;
THENCE NORTH 50 DEGREES 41 MINUTES 50 SECONDS WEST A DISTANCE OF 522.65
FEET TO THE POINT AND PLACE OF BEGINNING.
CONTAINING 11.293 ACRES TO TIE LINES.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
#:
I...........
. ~. --,
#:
.'.'./\\
/,:,
"
...",'
,,'
~ ,1 .
~ '
i""f;,;.~",~ .
/;'/
/ ",;'
,)>~~,~6' ~/*,/ , }~
.'. )'~~o ~i~.~~enc~<)
'. . /A,ZOQftq"~>l~Sq.Jt
""~\ .. /l
'i>".......il
,_.~:'.~, ", ,"-. ,; -/',:'
'-111,_'~.._", '_': _ :-,,_:/ /..
.f(l',,~
'I
3"( '-7'
............... ..~,;..........nmary...' Residence
\~')k 1,430:1: sq. ft
, - .
. "
\ \ ' .
\
--.-....,......
#:
t
i4t J28i',/- .
."./. \
44' ,_.,-M..', ___.\
~';"~J~\!~ir~ "
./ /t'\~,Sq)ftiJ
~' ....,. ~', \ . '.<
. 16<.,-'~~~.'::'.C\ ,,:,;/.IF:/ V\' -, ....<',,' .'
Resid~Cdt(age' ...,}' ...\..
. .... il>if$q;ft '\\
\.'--,~-::'< .',' ~.,:.;:.._:.,::;.~t,:,;; ~~
..r}"y _..,~
~..-\ _...~~---;. -l'-C
! -\ \,;,.~~\-
l-~ . "-
. A';\
I
t
"
rr25'
I I
\ '
'. \
\7$'
\1\
\.\
\ \
i;
.I i
125'
I
225'
I
the Lands of
Booth
Exhibit A
1 D''''
D_oflalcll
. Peconic Land Trust
~No:wYorl<lt969
(631)W-3t9S
Town ofSouthold
Suffoll<;.County,New Y",k