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GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, Is made on the A..Q
day of September, 2004 at Southold, New York. The parties are PECONIC
LAND TRUST, INCORPORATED, 296 Hampton Road, P.O. Box 1776,
Southampton, New York 11968 (herein collectively called ftGrantor"), and the
TOWN OF SOUTHOLD, a municipal corporation, having Its principal office
at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call
"Grantee").
INTRODUCTION
WHEREAS, Grantor Is the owner In fee simple of certain real property
located In the Town of Southold, Suffolk County, New York, Identified as part
of SCTM #1000-95-4-9, more fully described in Schedule A and shown on a
survey prepared by John C. Ehlers dated September 2, 2004 hereinafter
referred to as the "Property"; and Including an easement set forth In said
Schedule A attached hereto and made a part hereof; and
WHEREAS, the Property Is located In the A-C Zoning District of the
Town of Southold.
WHEREAS, the Property Is part of the New York State Agricultural
District #7, and the Grantor wishes to continue using the Property as scenic
open space as defined In the Town Code of the Town of Southold, or In an
agricultural capacity as defined in this Easement; and
WHEREAS, the Property Is currently undeveloped and open; and
WHEREAS, it is the policy of the Town of Southold, as articulated In
the Town's Master Plan of 1973, amended In 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural solis, to
protect the scenic, open" space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property In Its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since It has not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the 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 Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined It to be desirable and beneficial
and has requested Grantor, for Itself and Its successors and assigns, to grant
a Development Rights Easement to Grantee In order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of ONE HUNDRED AND SEVENTY
THOUSAND-ONE HUNDRED AND EIGHTY-FOUR ($170,184.00)
DOLLARS and other good and valuable consideration paid to the Grantor,
fuR DEVELOPMENT RI~HTS - PART OF TAX LOT 9:
St::r1 Eb\LL E A
ALL that certain plot. piece or parcel of land. situate, lying and being al Cutchllgue, Town of Southold. County of SulTlllk
and Stale of New York. hounded and described as follows:
nr:qINNINO al the earner formed b)' Ihe inlCrscclion of the Sclulh side of Oregon Road wilh Ihe Wesl side of Depol
Lane;
RUNNING THr:NCE Soulh 40 degrees 01 minUleS 47 seconds Ew.1 along the West side of Depot Lane 5 I 5 feel to the
northerly line of other lands conveyed by Krupski to Peeonie Land Trust and intended to be the ra:orded simultaneousl)'
herewith;
THENCE along said aforementioned land Soulh 5 I degrees 46 minutes 41 seconds West, 235.90 feet to a point;
THENCE North 38 degrees 31 minutes 10 seconds West along other lands l,flhe grantor 282.85 feet: .
THENCE Soulh 5 I degrees 46 minules 41 seconds West, 282.85 fcelto lands now or formerly of Mauiluck, Holdings
LLC and Town of South old;
THENCE North 38 degree.'l 31 minules 10 seconds West along said last menlioned lands and later along lands 1I0W or
formerl)' of John G. Dmalcski and Karen A. Helinski 254.05 feet to the South side of Oregon Road;
THENCE North 54 degn.-cs 17 minutes ]7 Sl.'Conds Ea.~l along Ihe Soulh side ofOrcgon Road, 505.77 feet 10 Ihe poilll or
place of BEGINNING.
RESERVING unto the granlor herein, its succ:cssors and assigns an Easement of IS feet by 254,05 feel for ingress and
egress to and from the lands of the grantor of 1.836 aen:s designated as "Building PaI\.'CI" on SUl'\'Cy prcparod by John C.
Ehlers, Land Surveyor dated September 2, 2004, 10 and from Oregon Road, the location of such F.asemenl to he
determined by grantor, or its successors and assigns.
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the receipt of which Is hereby acknowledged, the Grantor does hereby grant,
transfer, bargain, sell and convey to the Grantee a Development Rights
Easement, In gross, which shall be binding upon and shall restrict the
premises shown and designated as the Property herein, more particularly
bounded and described on Schedule ftAH annexed hereto and made a part of
this Instrument, and reserving to Grantor the Easement set forth In Schedule
A.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and Interests In connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, Its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, Its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assIgns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor Is the
owner of the Property described In Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and Is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, Including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 PurDose
The parties recognize the natural, scenic and agricultural values of the
Property and have the common purpose of preserving these values. This
Deed Is Intended to convey a Development Rights Easement on the Property
by Grantor to Grantee, exclusIvely for the purpose of preserving its
character In perpetuity for Its scenic, agricultural and natural values by
preventing the use or development of the Property 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 Governmental Recoanltion
New York State has recognized the Importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government Includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
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0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid In Identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in Identifying and documenting the
Property's conservation, open space and agricultural values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and activities
on the Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, a survey dated September 2, 2004
prepared by John C. Ehlers and an Environmental Site Assessment dated
August 20, 2004 prepared by Advanced Cleanup Technologies, Inc.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained In this Development Rights
Easement, the parties agree upon Its provisions, Intending to be bound by It.
ARTICLE ONE
THE EASEMENT
1.01 Tvoe
This Instrument conveys a Development Rights Easement (herein
called the ftEasement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this ftEasement" or Its ftprovlslons" shall Include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
ftDevelopment Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
open space and/or agricultural production as that term Is presently
referenced in 9247 of the General Municipal Law and/or defined In Chapters
25 and 59 of the Town Code of the Town of Southold (the ftCode").
1.03 Duration
This Easement shall be a burden upon and run wIth the Property In
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal Interest In
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other indivIduals and entitles. The word ftGrantor" when
used herein shall include all of those persons or entitles. 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.
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ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys 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 Grantor.
ARTICLE THREE
PROHIBITED Acr5
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by Section 4.06 and by the Southold Town land Preservation
Committee and other applicable provisions of the Town Code. For the
purposes of this Easement, ftstructure" shall be defined as anything
constructed or erected on or under ground or upon another structure or
building, including walkways. Structures shall not Include trellis, fences,
posts and wiring, farm roads or farm Irrigation systems, or fencing used In
connection with bonaflde agricultural production, Including without limitation
fencIng to keep out predator animals. Approvals for structures shall be as
required by applicable proviSions of the Town Code.
3.02 Excavation and Removal of Materials: Mlnlna
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.
Minerai 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 soli management, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may 'not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. ftSubdlvlslon"
shall include the division of the portion of the Property from which the
development rights are acquired Into two or more parcels, In whole or In
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Grantee, provided that such
subdivision does not defeat or derogate from the purposes of this Easement.
3.04 Dumolno
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
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materials used In the normal course of sound agricultural practices, Including
fertilization and compostlng.
3.05 Slons
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 easement. Signs
are subject to regulatory requirements of the Town.
3.06 UtilIties
The creation or placement of 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. Utilities
must, to the extent possible, be constructed withIn 30 feet of the centerline
of roads or driveways, and must be used solely to service the permitted
structures.
3.07 ProhibIted Uses
The use of the Property for any residential, commercIal or Industrial
uses and structures related to those uses, permanent or temporary, shall be
prohibited, except as permitted In Sections 4.03 and 4.06. For the purposes
of this section, agricultural production, as defined In Chapter 25 of the Town
Code shall not be considered a commercial use.
3.08 5011 and Water
Any use or activity that causes or Is likely to cause soli degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (IncludIng, without limitation, the use of
agrochemlcals such as fertilizers, pesticides, herbicides, and fungicides) that
are In accordance with sound agricultural management practices of the U.S.
Department of AgrIculture's National Resource Conservation Service.
3.9 Drainaae
The use of the Property for a leachIng or sewage disposal field shall be
prohibited. 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.
3.10 DeveloDment Rlohts
The use of the acreage of this Property for purposes of calculating lot
yield on any other property shall be prohibited. Grantor hereby grants 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 any pre-
existIng structures, and to construct new structures, as such rights may be
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.
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ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownershlo
Subject to the provisions of ARTICLE THREE, Grantor 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
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property In any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law. Grantor retains the right to
use the Property for otherwise lawful passive recreational uses, Including,
but not limited to non-commercial hunting and horseback riding, provided
that such uses are Incidental to the purposes of this easement.
4.04 Landscaoina Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or Improve the appearance of the property, and to mow the
property .
4.05 Aaricultural Activities
Grantor shall have the rIght to engage In all types of agrIcUltural
activity as the term is referenced in Section 247 of the General Municipal
Law and/or defined In Chapter 25 of the Town Code, provided that such
activity shall be conducted In accordance with the purposes of this
Easement.
4.06 Structures and Imorovements
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the fOllowing Improvements on the Property with the prior written
approval of Grantee, and as such approval may be required by the Town
Code of the Town of Southold and the Town Land Preservation Committee or
its successor committee. Approval may be granted If the structure or
improvement does not defeat or derogate from the purpose of this Easement
or other applicable laws. These structures and Improvements include:
(i) Underground facilities used to supply utilities and/or control
stormwater runoff;
(i1) Fences, If placed so as not to block or detract from the scenic
view; and
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(III) Agricultural structures that are necessary, Incidental and a~ry to the
agricultural use of the property, limited to two (2%) percent lot coverage
of the Property;
(Iv) Structures that are necessary, Incidental and accessory to passive
recreation, limited to an aggregate of 400 square feet, which shall be
Induded In the lot coverage limitation set forth in (Iii) above;
(v) Access drives, to provide access to the Improvements permitted herein
and to and from the lands of Grantor designated as -Building Parcelw on
survey prepared by John C. Ehlers, Land Surveyor dated September 2,
2004 over the easement set forth In Schedule A attached hereto and
made a part hereof.
B. Replacement of Improvements: In the event of damage resulting from
casualty loss or normal wear and tear to an extent which renders repair of
any existing Improvements impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be permitted
within the same general location subject to the review and written approval
of Grantee.
C. Environmental Sensitivity During Construction: The use and location of
any improvement permitted hereunder shall be consistent with the purposes
Intended herein, and construction of any such Improvement shall minimize
disturbances to the environment. Grantor shall employ erosion and
sediment control measures to mitigate any storm water runoff, Including but
not limited to minimal removal of vegetation, minimal movement of earth
and minimal clearance of access routes for construction vehicles.
4.07 Notice
Grantor shall notify Grantee, In writing, before taking any action or
before exercising any reserved right with respect to the Property, pursuant
to Sections 4.03 and 4.06, which could adversely affect the scenic, open
space, and agricultural values which are the subject of this Easement. This
includes the construction of any permanent or temporary structures as
provided in Section 4.06 herein. Grantor shall provide Grantee with
complete documentation including any applications, Information on the need
for and use of such structures, and architectural plans of any proposed
structures, if applicable.
This notice is In addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Allenabllltv
Grantor shall have the right to convey, mortgage or lease all of its
remaining Interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any Interest in
the Property, including the full 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, L1ber and
page of the recording hereof. The fallure of any such Instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
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ARTICLE FIVE
GRANTOR'S OBUGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies Imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall Indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of Its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon It or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third PartY Claims
Grantor shall Indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of its
officers, employees, agents or independent contractors resulting: (a) from
Injury to persons or damages to property arising from any activity on the
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.
5.04 Annual Mowina Reauirement
In the event Grantor seeks to leave the Property open and fallow, and
not perform or use the Property for agricultural production, then Grantor
hereby agrees to Mow the Property on an annual basis at least once during
the growing season so as to prevent successional field growth to
predominate. In the event Grantor falls to comply with the provisions of this
section after 30 days notice is given to Grantor by Grantee, then, In addition
to all other remedies set forth herein, Grantee or Its agents are hereby
authorized to enter upon the Property to perform s\Jch mowing.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and InsDectlon
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Grantee shall have the right to enter upon the property once each
calendar year, upon prior notice to Grantor, and In a manner that will not
Interfere with Grantor's quiet use and enjoyment of the Property, for the
purpose of Inspection to determine whether this Easement and Its purposes
and provisions are being upheld. Grantee shall not have the right to enter
upon the Property for any other purposes, except as provided In Section
5.04, or to permit access upon the property by the public.
6.02 Restoration
In the event of any violation of this Easement, Grantee shall have the'
rtght to require the Grantor to restore the Property to the condition existing
prior to the claimed violation and to enforce this rtght by any action or
proceeding that Grantee may reasonably deem necessary. However,
Grantor shall not be liable for any changes to the Property resulting from
causes beyond the Grantor's control, Indudlng, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken by the
Grantor under emergency conditions to prevent, abate, or mitigate
significant Injury to persons or to the Property resulting from such causes.
6.03 Enforcement Rlehts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be Inadequate. Therefore, In addition to,
and not In limitation of, any other rtghts of Grantee hereunder at law or In
equity, In the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement Is not cured by Grantor within thirty (30) days
notice thereof by Grantee (which notice requirement Is expressly waived by
Grantor with respect to any such breach, default or violation which, In
Grantee's reasonable judgment, requires Immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the rtght at Grantor's sole cost and
expense and at Grantee's election,
(I) To Institute a suit to enjoin or'cure such breach, default or
violation by temporary and/or permanent Injunction,
(II) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the property affected by
such breach, default or violation to the condition that existed
prtor thereto, or
(III) To seek or enforce such other legal and/or equitable relief or
remedl~s 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.
~. w"I:\" ..hall "'.., ~ GI'8Flt9'i. iiither directly or by reimbursement, the
prevailing party, as determined by a court of competent jurisdiction, a
reasonable attorneys' fees, court costs and other expenses Incurred herein
9
SM..l1 b.e... p~'.1l or-
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called "Legal Expenses") in connection with any proceedings under this
Section.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mall, return receipt requested, or by certified
mall, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice In accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to Its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of Its manual
delivery or the date of Its mailing.
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
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extlnauishment/Condemnatlon
This Easement gives rise to a property right and interest vested In the
Grantee as of the effective date of this grant. Far purposes of this Section
6.06, the fair market value of such right and Interest shall be equal to the
difference, as of the effective 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 herein
referred to as the "Proportionate Share").
In the event a material and potentially unforeseeable change In the
conditions surrounding the Property makes impossible Its continued use for
the purposes contemplated hereby, this Easement may be terminated or
extinguished by a judicial proceeding In a court of competent Jurisdiction.
Unless otherwise required by applicable law at the time, In the event of any
sale of all or a portion of the Property (or any other property received In
connection with an exchange or Involuntary conversion of the Property) after
such termination or extinguishment, and after the satisfaction of prior claims
and net of any costs or expenses associated with such sale, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair
market value of the Property at such time (minus any amount attributable to
the value of the Improvements made by Grantor after the effective date of
this Easement, which amount Is reserved to Grantor). In the event of a sale
by Grantor to an unrelated person subsequent to such extinguishment, or a
transfer made on account of the exercise of the power of eminent domain,
the sale price or condemnation award shall establish fair market value.
Absent such a sale, the Property's fair market value shall be established by
Independent appraisal. Grantee shall use such proceeds actually recovered
by It In a manner consistent with the purpose of this Easement
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. .
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, Grantor and Grantee
shall join In appropriate proceedings at the time of such taking to recover
the full value of the Interests In the Property subject to the taking and all
Incidental or direct damages resulting from 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. Grantor and Grantee
shall be respectively entitled to compensation In conformity with the
previous unnumbered paragraph of this Section 6.06 (with respect to the
allocation of proceeds). Grantee shall use such proceeds actually recovered
by It in a manner consistent with the purposes of this Easement. The
respective rights of Grantor and Grantee set forth In this Section 6.06 shall
be In addition to, and not In limitation of, any rights they may have by law
with respect to a modification of this Easement by reason of changed
conditions or the exercise of powers of eminent domain as aforesaid.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandlna
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 can be modified In accordance with the common and
statutory law of the State of New York applicable to the modification of
easements and covenants running with the land, and according to other
applicable provisions of state law and by mutual consent of the parties.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 or 59, as applicable, of the
Town Code of the Town of Southold. upon the adoption of a local law
authorizing the alienation of said rights and Interest, by a majority plus one
vote of the Town Board of the Town of Southold, following a public hearing
and, thereafter. ratified by a mandatory referendum by the electors of the
Town of Southold. No subsequent amendment of the provisions of the Town
Code shall alter the limitations placed upon the alienation of those property
rights or Interests which were acquired by the Town prior to any such
amendment.
7.04 Severabllltv
If any provision of this Easement or the application thereof to any
person or circumstance Is found to be Invalid, the remainder of the
provisions of this Easen:Jent and the application of such provisions to persons
or circumstances other than those as to which it Is found to be invalid shall
not be affected thereby.
7.05 Govemina Law
11
",
New York Law applicable to deeds to and easements on land located within
New York shall govern this Easement in all respects, Including validity,
construction, interpretation, breach, violation and performance.
7.06 InterDretation
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 Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate Its
purposes.
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 Recordlno
Grantee shall record this Easement In the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinas
The headings, titles and subtitles herein have been Inserted solely for
convenient reference, and shall be Ignored In Its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Deed of Easement on the day and
year set forth above.
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST, INCORPORATED (Grantor)
FIELD, Vice-President
ACKNOWLEDGED AND ACCEPTED:
BY:
12
.
.'.
STATE OF NEW YORK) .
COUNTY OF SUFFOLK) 5S:
On this 23~y of~..J. In t~;z;. 2004 bef!IDlAe, the
undersigned, personally appeared?; <.f.CaYn,'lfeffonally known to me
or proved to me on the basis of satisfactory evidence to be the Indlvldual(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
capaclty(les), and that by his/her/their slgnature(s) on the instrument, the
Indlvldual(s), or the person upon behalf of which the Indlvidual(s) acted,
execute the Instrume t.
KAREN J. HAGEN
NOTARY PUBUC, Bmm of N__
No. 02HA4927028 l'd;;
CuBlIllIId In Suffolk Coun!y ,A
CommlaIon ElcpI... March 21, 20 1/
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On thls2.3~ay of M. In..$be year 2004 belpj'..e me, the
undersigned, personally appearec(JoS:hC.(4I1.)J~f't)ilrsonally known to me
or proved to me on the basis of satisfactory ev(dence to be the indlvldual(s)
whose name(s) is (are) subscrlbed 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 slgnature(s) on the instrument, the
Indlvldual(s), or the person upon behalf of which the Indlvldual(s) acted,
execute the instrument.
l
KAREN J. HAGeN
NOTARYPUBUC'~~"-
No. 02HA4....,-.
Notary Public CuBlifted In SuIfoIk or,
)r/ K.Alc.st\J '1"'. /oJ"...,., Coom\ItIIIOl1 ExpIl88 MarCh .
C:\My Documents\Anne\Town of Southold DeecIs of Development Rights\LOt 9 PL T DRE Final Version 922.cloc
13
~
....
..'
Number of pages
TORRENS
')
RECOROED
2004 Sep 28 04. 14.13 PI'I
Edward P.R"""ine
CLERK OF
SlJ'FOLK COUNTY
L 000012346
POO6
DT'~
Serial If
Cenificarelf
Prior C1f. If
Deed , Mortgage 1n.~lrUmcnt
Deed, Mortgage Thx Slamp
FEES
Recording' Filing Sblmps
3
p.~ge' Filing I'ce
H:lndling
TP-S1l4
'fS-
NOllIliun
EA-S211ICounty) ;J:.---
EA-S211 (Stute) --Lltz..2.--
R.P.T.S.A. . .;'0 OQ
Sub Total
(po
Mung,,!!e Amt.
I. Basic Tax
2. Additional Thx
Sub Total
SpecJA..il.
ur
Spec. ,Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held fur Appointment
Trun.fer Thx ~x.l!!:M D-r
Mansion Tux
The property L~lven:d hy this mortgage i.
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, _ appropriote _ cluu"" on
pase It of this instrument.
S. 00
~
Comm. of Ed.
s. 00
Affidavit
Certified Copy
NYS Sun:hargc
Olher
&+
4
Re-.1I Propeny
Tax Servke
Agency
VcrificDlion
Grand Total
;; ii.lR
::;"7/(1 ~o'7
IS. J!!L SubTotal
".
5 CommaDltJ' FnIIR&tIoa F1uad
ideration Amount $ I'1P./~..
$ E:)(<<mP r
'1000 09500 0400 009002
Impnlwd
Vunnt Land /./
6 Sati.factionolDiochargeolRel.,.oISeS List Property Own"... Mailing Address
RECORD'" RETURN TO:
U'5t1t. K.",_b,..,b~~ Gi5-
2.3.5 J.I~~~ Ie:!-
~"'u.fA~ rpn" t.Jy / J 163
7
TO
TO
It!
TO
8
Suffolk Count Recordin & Endorsement Pa e
In the Township of
In the VILLAGE
urHAMLh'Tof ~\)Tc.HoG-u6
Boxr,s 6 THRU 8 MUST BE TYPED OR PRINTLlD IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
Thi. page forms part of the attached......-q J .../J>e...~~~~ E4.s~f-
. ISPfiCIFY PE Ot' I TRUMENT)
. ~-::::~~::::;;[Jf-J
fpWT'tl 4" S4wrhdLJ
mode by:
1l1c premiscs herein is situated in
SUFFOLK COUNTY. NEW YORK.
S D"",:I-/v,U
(over)
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUPPOLK COUN'l'Y CLERlt
RECORDS OPPICE
RECORDING PAGE
Type of Instrumentl DEEDS/DDD
Humber of PageBI 15
Receipt Number I 04-0107819
TRANS PER TAX NUMBBR: 04-09033
Recorded. I
At:
09/28/2004
04:14113 PH
LIBER:
PAGB:
D00012346
006
District:
1000
Section: Block:
095.00 04.00
EXAHIRBD AND CHARGED AS 'OLLOWS
$170,184.00
Loti
009.002
Deed AmoUlltl
Received. the rollowing 'eeB ror Above Instrument
E,'II'''''lpt Ex8lllpt
Page/riling $45.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
IA- C'l'Y $5.00 NO IA-STATI $165.00 NO
TP~584 $5.00 NO Cert.Copies $0.00 NO
RPT $30.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO CalIIlII.Pres $0.00 NO
'ees Paid. $275.00
TRARSPIR TAX RCMBIR: 04-09033
THIS PAGE IS A PART or THE INSTRUMENT
THIS IS ROT A BILL
Edward P.Romaine
COUllty Clerk, Suffolk COUllty
.
.
FOR COUNTY USE ONLY
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http://www.orps.slale.ny.us or PHONE (518) 473-7222
C1. SWJS Code
YO?, ~ ,,ff, <;1, 7"'1
,
REAL PROPERTY TRANSFER REPORT
w. .....
,.
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
C2. Date D.ed Reco<d.d I 0'1' /;Z q' e::;<;/ I
Month ~' "".
C,. BOOk/.p>,..3 ,<?'6iC4.....1 ,6,O~1
PROPERTY INFORMATION
RP - 5217
RI'-5217Rl!\'3197
1. Propertv I
~tion'
8900
Oregon Road
STAEETNAME
(
STREET NlJMBER
~ So lJ 7fJn f:::j)
VILlAGE
ZlrCODE
Cutchogue
ClTV OA TOWN
r-
2. Buyer
Name
TOWN OF SOUTHOLD
LAST NAME {COMPANY
FIRSTN...ME
LAST NAME ICOMPANY
FIRST NAME
3. Tax Indicatewhafe futureTex Bills are to be sent
Billing if other than buyer address (at bottom of form) I
Address
LASTNAME/COMPANY
fiRST NAME
I
STREET NUMllI<R AJlO STREET NAME /
4. Indicate the number of AssltSSment c::?c:J /
Roll parCflls transferred on the deed I : I # of Parcels
ClTY OR TOWN
STATE ZlfCODE
OR D Part of a Parcel
IOnlV if Part of a Paruoll Chec::k as they apply:
4A. Planning Board with Subdivision Authority Exists 0
48. Subdivision Approval was Required fer Transfer D
4C. Parcel Approved for Subdivision with Map Provided 0
5. Deed
Proptlrty
Size
<0 .6.t}(J
""'"
Ixl
OEPTH
lOR I
FRONTFEH
6. Seller
Name
PECONIC LAND TRUST, INCORPORATED
LAST NAME I COMI'ANY FIRST NAME
LASTNAME/COMI'/>.NV
FIRST NAME
7. Check the box below which most accurately describes the use of the property at the time of sale:
Check the boxes below as they apply;
8. Ownership Type is Condominium
9. New Construction on Vacant Land
10A. Property Located within an Agricultural District
10B. Buyer recaived a disc!osurfl notice indicating
thatlhe properly is in an Agricultural District
o
o
o
o
A~ One Family Residential
B 2or3FamilyResidentia!
C Residantial Vacant lI.Ind
o Non-ResidentialVecant Land
E~AgriCultural
F Commercial
G Apanment
H Entertainment f Amusement
I ~ Community Service
J Industrial
K Public Service
L Forest
SALE INFORMATION
15. Check one or more of these conditions as applicable to transfer:
A Sale Between Relatives or Former Relatives
B Sal9 Between Related Companies or Pertners in Business
C One of the Buyers is also a Seller
D Buyer or Seller is Government Agency or Lending Institution
E Deed Type not Warranty or Bilrgain and Sale ISpecify Balowl
F Sale of Fractional or Less than Fea Intere:>t (Specify Below)
G Significant Change in Property Between Taxable Status and Sale Dat&ll
H Sale of Business is Included in Sale Price
I Other Unusual Factors Affecting Sale Price (Specify Belowl
J None
Easement of DeveloDment
14. Indieate the value 01 personal I I 0 I 0 I
property induded in tha sale , , . Rights
ASSESSMENT INFOAMATION - Data should re1lect the latest Final Assessment AOII and Tax Bill
11. Sale Contract Date
/ Year
Monn, Day
9 / 23 / 04
Mont~ Do, Yea.
12. Date of Sille I Transfer
13. FuJI Sal. Price
, / , 7 ,0
16. Year of Assessment Roll from ~
which information taken
17. Tot.1 Asseued Value lof all parcels in transfer) I
$!;.,02~
,
18. Property Class
, ,
I y, LiVI-U ,.. School 01""01 Nam. I I'"Jo./hfc~ C<..A-hJ~L~
20 Tex Map Identlfler(sll Rollldentlfierlsl (If more than four, attach IJheet with additional identifier(sll
~
I~<I-o/l 00 ()
I CERTIFICATION
] certify that all of the items oIlnlonnation entered on thiIi form are troe and colTed (to the best of my knowledge and belief) and I undentand that the making
or any willful fake slatement of material fact herein will subject me to the Drovisions of the DeDa! law relative to the makin& and filing of false Instnunenbi.
BUYER BUYER'S ArroRNEY
9-2)tJ7'
KOMBRINK
LISA CLARE
"'''
LAST NAME
flASTNAME
( 631)
287-3939
S'fREETNU
Main Road, P.O. Box 1179
S'fREETNAM~(AFTeASALE)
MEA-CODE
TELEPHONE NUMBER
Southold
NY
11971
CITY OR TOWN
STATE
.",""
SELLER
PECONIC LAND TRU~INCORPORATED
NEW YORK STATE
COPY