Loading...
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