HomeMy WebLinkAboutL 12346 P 5
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~
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 "Grantor"), 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
SCTM #1000-95-4-10, more fUlly described in Schedule A, attached hereto
and made a part hereof and shown on the survey prepared by John C. Ehlers
dated September 2, 2004 hereinafter referred to as the "Property"; 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, pre~crve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property 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 SIX HUNDRED AND EIGHTY-
NINE THOUSAND-THREE HUNDRED AND SIXTY ($689,360.00)
DOLLARS and other good and valuable consideration paid to the Grantor,
the receipt of which is hereby acknowledged, the Grantor does hereby grant,
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ALL OF TAX LOT 10: (for development rights):
~O--VLE A
'ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the West side of Depot Lane distant 515.00 feet southerly from the corner formed by the
intersection of the South side of Oregon Road with the West side of Depot Lane as measured along the West side of
Depot Lane;
RUNNING THENCE South 40 degrees 0 I minutes 47 seconds East, 1596.06 feet to the northerly line of lands now or
formerly of Suzanne M. Krupski and John P. Krupski, Jr.;
THENCE South 47 degrees 48 minutes 50 seconds West along said lands now or formerly of Krupski and later along
lands now or formerly of Joseph Matwieczyk and lands now or formerly of Thomas J. Matrick 544.74 feet to lands now or
formerly of Mattituck Holding LLC and Town of South old;
THENCE North 39 degrees 07 minutes 20 seconds West along said last mentioned lands 1633.13 feet to the South side of
Parcel I herein;
THENCE North 51 degrees 46 minutes 41 seconds East along said South side of Parcel I herein 518.75 feet to the West
side of Depot Lane the point or place of BEGINNING.
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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 "A" annexed hereto and made a part of
this instrument.
TO HA VE 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 Warrantv
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 Purpose
The parties recognize the natural, scer,:c 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 Recoonition
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 Tvpe
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean tffe rermanent 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 g247 of the General Municipal Law and/or defined in Chapters
25 and 59 of the Town Code of the Town of Southold (the "Code").
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 entities. The word "Grantor" 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.
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ARTICLE TWO
SALI;
-~,
GRANTOR, for good and valuable conslJeration, 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 ACTS
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, "structure" 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 bonafide 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: 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 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. "Subdivision"
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 'rom the purposes of this Easement.
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
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materials used in the normal course of sound agricultural practices, including
fertilization and composting.
3.05 Siqns
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 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or sUb~urface waters shall be prohibited.
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 U.S.
Department of Agriculture's National Resource Conservation Service.
3.9 Drainaqe
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 Development Riqhts
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 Ownership
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 hunti,lg and horseback riding, provided
that such uses are incidental to the purposes of this easement.
4.04 Landscapino 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 Aoricultural 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 Improvements
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 South old 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;
(ii) 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 accessory 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
included in the lot coverage limitation set forth in (iii) above.
(v) Access drives, to provide access to the improvements permitted herein
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 Alienabilitv
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, 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.
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ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
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 conditiQ(1 of the Property or from any
taxes, levies or assessments upon it or resUli.:ng from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Partv 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 Mowinq Requirement
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 fails 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 such mowing.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and InsDection
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
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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
right to require the Grantor to restore the Property to the condition existing
prior to the claimed violation and to enforce this right 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, including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken by the
Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to persons or to the Property resulting from such causes.
6.03 Enforcement Riahts 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 rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within thirty (30) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and 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 oth~r legal and/or equitable relief or
remedies as Grantee deems l'lecessary 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.
~raFlter GRail pay te GraFltaa, klther directly or by reimbursement, the
prevailing party, as determined by a court of competent jurisdiction, all
reasonable attorneys' fees, court costs and other expenses incurred (herei
called "Legal Expenses") in connection with any proceedings under this
Section. \1 L ' I
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6.04 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 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 Extinauishment/Condemnation
This Easement gives rise to a property right and interest vested in the
Grantee as of the effective date of this grant. For 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 potencii:jlly unforeseeable change in the
conditions surrounding the Property makes i:y:possible 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
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
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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 eminc:lt domain as aforesaid.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
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 Severabilitv
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 Easement 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 Governinq Law
New York Law applicable to deeds to and easements on land located
within New York shall (;overn this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
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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 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 Recordinq
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 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignore!! 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)
. CAUFIELD, Vice-President
ACKNOWLEDGED AND ACCEPTED:
TOWN OF
BY:
12
.
.
Supervisor
STATE OF NEW YORK)
COUNTY OF SUFFOLK) 55:
Z3~ r..a/\ L
On this day of ~-r > in the year 2QQA ~fOr~4'~1)e
undersigned, personally appeared-tJIn;;p;;;J- ~~~ known to me
or proved to me on the basis of satisfactor~~idence 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 he instru t.
KAREN J. HAGEN
NOTARY PUBLIC, State of New York
No. 02HA4927029 b
Qualified in Suffolk County
Commission Expires March 21, 20 .tJ!....
STATE OF NEW YORK)
COUNTY OF SUFFOLK) 55:
On thiSl3r1ay Of9r1'. in the year~04; bel>b~me, the
undersigned, personally appearedJo.shU4 ,,/-1O~'Per'sonally known to me
or proved to me on the basis of satisfactor 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,
execut d the instr ent.
KAREN J. HAGEN
NOTARY PUBLIC, State of New York
No. 02HA4927029 /L:b
Qualified in Suffolk County
Commission Expires March 21, 20
Notary Public
Jr'/ /(A/{€tV
C:\My Documents\Anne\Town of Southold Deeds of Development Rights\Lot 10 PLT DRE Final Version 922.doc
----....,
13
~
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 15
Receipt Number : 04-0107819
TRANSFER TAX NUMBER: 04-09032
Recorded:
At:
09/28/2004
04:14:13 PM
LIBER:
PAGE:
D00012346
005
District:
1000
Section:
095.00
EXAMINED AND
$689,360.00
Block:
04.00
CHARGED AS
Lot:
010.000
FOLLOWS
Deed Amount:
j
~{ecei ved the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $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 Comm.Pres $0.00 NO
Fees Paid $275.00
TRANSFER TAX NUMBER: 04-09032
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
rB) IE ~ IE ~ \\J IE rm
lnl OCT 2 6 2004 l1V
OEPT Of lAND
PRESERVATION
w[i]
Number of pages
TORRENS
5
RECORDED
2004 Sep 28 04:14:13 PM
Edt.l.l.:ird P. Romaine
CLERK OF
SUFFOLK COUtH'r'
L D00012346
P 005
Dn 04-09032
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
3
FEES
Sub Total
06
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec.! Assit.
Page / Filing Fee
Handling
5. 00
S
TP-584
Notation
EA-52 17 (County) ~
EA-5217 (State) ~_
R.P.T.S.A. . ~ aU
or
Certified Copy
NYS Surcharge
Other
15. 00
Sub Total
d,'S .
d.is-
t:?
'/ p'.,tJIP/7
Lot
Spec. /Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment
Transfer Tax 6-~P\ _
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
Cornrn. of Ed.
5. 00
Affidavit
Grand Total
If NO, see appropriate tax clause on
page # of this instrument.
4
5 Community Preservation Fund
Consideration Amount $ 6~36o,
('\
PF Due $ e..XS/fIfI'/
Real Property
Tax Service
Agency
Verification
1000 09500 0400 010000
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
~~~ /~PYYL6nhkIGsk.
2.3:5 J/~h::>"(_)i4- p
Sp~~f-t:>n) AJ'j 1196g
Vacant Land
~
TD
It)
TD
TO
8
Suffolk Count Recordin & Endorsement Pa e
~ -- ~1'
This page forms part of the attached C;;~ LJ:F .j).f.Jve!'PPrru.# ~ 64 made by:
(SPECIFY TYPE OF INSTRui<.1ENT)
f~Co nJ '.c. L4.t'i~ r Ru.>.J)
M&h~kh:l-P~
an Information
,lj1l4f~
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO
~nuJf"/ ~ ~~kf/l
In the Township of
In the VILLAGE
.sPu.-f~ W
or HAMLET of c:...uTC:HoG-v6
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)