HomeMy WebLinkAboutL 12458 P 923
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of /~ 2006 at Southold, New York. The parties are THOMAS L.
SHALVEY, JR. and CATHERINE S. RUSSO, as Co-Executors of the Estate of
Thomas L. Shalvey, S~ _P9~HY "SHALVEyf'and FRANK A. BLADOS, JR.,
c/o Tom Shalvey Jr. P.cr. lie i.tutchogue, NY 11935 (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"). -t-
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INfRODUCTION
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# 1000-84-2-2.1 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by John
C. Ehlers Land Surveyor, dated 4/6/06 and last revised 5/1/06, and
hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold; 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 part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for row crops; 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 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 agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any 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;
Stewart Title Insurancre Company
Title No. 8T -8-6677
Schedule A Description
(AMENDED 6/14/06)
/
ALL lhat certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of
Southold., County of Suffolk and State of New York being more particularly bounded and
described as follows:
BEGiNNING at a point on the East Side of Bridge Lane which marks the Southwest
comer of premises described herein, which said point is located North 46 degrees 39 minutes 40
seconds West 295.40 from the Northerly end of an arc of curve connecting the Northerly side of
Middle Road (CR 48) with the Easterly side of Bridge Lane, as measured along said Easterly side
of Bridge Lane;
RUNNING THENCE North 46 degrees 39 minutes 40 seconds West along the East side
of Bridge Lane 1366.84 feet to an iron pipe and lands now or formerly Jane J. Krupski, Stanley
W. Krupski and Stephen T. Krupski;
THENCE North 47 degrees 52 minutes 30 seconds East along said last mentioned lands
544.55 feet to an iron pipe and lands now or formerly WJK, LP:
THENCE South 45 degrees 42 minutes 30 seconds East along said lands now or
formerly WJK, LP 1323.96 feet to the "Reserve Parcel":
THENCE South 43 degrees 20 minutes 20 seconds West along said "Reserve Parcel"
520.83 feet to the East side of Bridge Lane, the to the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I "AGRICULTURAL STRUCTURE AREA"
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 being more particularly bounded
and described as follows:
/
BEGINNING at a point which marks the Southwest corner of premises desribed herein
. distant. which said point is located North 46 degrees 39 minutes 40 seconds West 295.40 feet
from the Northerly end of an arc of curve connecting the Northerly side of Middle Road (CR 48)
with the Easterly side of Bridge Lane, as measured along said Easterly side of Bridge Lane, and
North 43 degrees 20minutes 20 seconds East 212.72 feet;
AND from said true point or place of beginning running thence North 45 degrees 42
minutes 30 seconds West 521.08 feet; .
THENCE North 44 degrees 17 minutes 30 seconds East 308.07 feet;
THENCE South 45 degrees 42 minutes 30 seconds East 515.96 feet;
THENCE South 43 degrees 20 minutes 20 seconds West 308.11 feet to the true to the
point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the ftrst part, in and to the land lying
in the street in front of and adjoining said premises.
" "
NOW THEREFORE, in consideration of EIGHT HUNDRED AND THIRTEEN
THOUSAND FIVE HUNDRED AND NINETY TWO Dollars ($813,592.00) and
other good and valuable consideration paid to the Grantor, 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 "A" annexed hereto and made a part of this instrument.
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 agricultural lands, open spaces and
natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, 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 environmental,
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 Recoanition
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.
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 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 4/6/06 last revised 5/1/06 prepared John C.
Ehlers Land Surveyor, and a Phase 1 Environmental Site Assessment dated
4/25/06 by Nelson, Pope & Voorhis, LLC.
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 "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 the permanent legal interest and
right to prohibit or restrict the use of the Property for use other than
agricultural production as that term is presently referenced in 9247 of the
General Municipal Law and/or defined in Chapter 25 of the Town Code of the
Town of South old (the "Code") and including the production of crops,
livestock and livestock products as defined in Section 301(2)(a)-(i) of the
NYS Agricultural and Markets Law, now or as it may be amended. No future
restrictions or limitation in the definition shall preclude a use which is
permitted under the current law and/or 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.
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 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 the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including walkways. Structures shall not include trellis, fences,
posts and wiring, farm roads or farm irrigation systems, structures
necessary to implement approved conservation practices of the U.S.
Department of Agriculture's National Resource Conservation Service, or
fencing used in connection with bonafide agricultural production, including
without limitation fencing to keep out predator animals. Approvals for these
shall be as required by applicable provisions of the Town Code.
3.02 Excavation and Removal of Materials: Mininq
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property or in connection with necessary drainage or soil conservation
programs, 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, or. in
connection with normal agricultural/horticultural activities, 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 Purchaser.
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 in the normal course of sound agricultural practices, including
fertilization, composting and crop removal.
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 and the character of the business conducted
thereon, (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) with the consent of the Grantor, 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 ("utilities") on the
Property to service structures approved pursuant to Section 4.06 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 any
roads or driveways, and may be used solely to service the permitted
structures. The Property may not be used for the creation or placement of
utilities to service any other properties.
3.07 Prohibited Uses
The use of the Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, shall be prohibited.
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 subsurface 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.
3.09 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 Develooment Riohts
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.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownershio
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other 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, State, or federal law.
4.04 Landscaoino Activities
Grantor shall have the right to continue the current and/or customary
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 or interfering with
agricultural production, 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
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, and as defined in
Section 1.02. Notwithstanding the definition of agricultural production in
Chapter 25 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, including drainage improvement
structures, provided such structures are necessary for or
reasonable to agricultural product'on and located in the
"agricultural structure area" desig"ated on the survey
prepared by John C. Ehlers Land S 1rveyor, dated 4/6/06,
last revised 5/1/06, further descrit::d in the Schedule "~^-f
attached and made a part of this' ,sement;
(Iii) Renovation, maintenance and rep,. 'S of structures built or
permitted pursuant to this Section .06.
(iv) The one and one-half story "fram, arm building" as shown
on the survey referenced in A(ii) c this Section and
located outside the "agricultural st, ,..cture area" shall be
limited to agricultural use; residential use shall be
prohibited.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
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 the construction of any
permanent or temporary structures as provided in Section 4.06 herein
requiring permit or approval and shall file all necessary applications for
approvals that may be required by this Easement or by the Town Code of
the Town of Southold, and shall provide documentation as may be required
for such applications.
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, Iiber 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
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
subject, however, to Grantor's right to grieve or contest such assessment
and defer payment pending such action. 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, all of
which shall be reasonable in amount and actually adjudicated arising from
injury due to the physical maintenance or condition of the Property caused
by Grantor's actions or inactions and not caused by Grantee 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 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, all of which shall be
reasonable in amount and actually adjudicated, 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 from the acts of
Grantee, its officers, employees, agents, or independent contractors.
5.04 Grounds Maintenance Reauirement
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin,
prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable 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 maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and Insoection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, not more frequently than annually, 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 and 6.03, or to permit access upon the Property
by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor 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, 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, earth movement, wind, weather 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 or crops,
livestock or livestock products 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 fifteen (15) 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 agricultural 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 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.
The cure period in this Section 6.03 may be extended for a reasonable time
by Grantee if such restoration cannot reasonably accomplished within 15
days.
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 three business days after 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
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open
space value of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transferred hereby.
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 LR.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor 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 may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
said rights and interest, 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
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be 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.
7.05 Governina Law
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 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, or to use images of
the property for commercial gain.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Record/nq
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 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:
DOROTHY SHALVEY REV
LVEY
BY:
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD(Grantee)
BY: ~~~~.s.c.J.e/
Scott A. Russell
Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
"
On this /$fJday of ~ in the year 2006 before me, the undersigned, personally
appeared THOMAS SHALV~Y, JR., 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 indlvidual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument.
fJ~f.~
Notary Public
STATE OF NEW YORK
COUNTY OF SUFFOLK
)
) SS:
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 FA4950146
Qualified In Suffolk Co~nty ,,1t1J 7
Commission Expires April 24, ol-'-'V
On this /~ay of 9-~ in the year 2006 before me, the undersigned, personally
appeared CATHERINE S. Ifusso 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.
.fJ/lh /; /f . f!. ~dll hL
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 FA4950146
Qualified In Suffolk County :Lt1J 7
Commission Expires April 24,
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss:
On this /~day Of~ in the year 2006 before me, the undersigned, personally
appeared FRANK A. BLADOS, JR. 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
capaclty(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.
11tJ.U1L I. \/); tin-
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 FA4950146
STATE OF NEW YORK ) Qualified In Suffolk Co~nty " ..... 7
COUNTY OF SUFFOLK ) SS: Commission Expires April 24, oUJ U
On this ~fhJay of ~ in the year 2006 before me, the undersigned, personally
appeared DOROTH~ SHALVEY 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.
P#-J,ln1 -R-.~ .
Notary Public
PATRICIA L. FALLON
Notary Public, State (If New York
No. 01 FA4950146
STATE OF NEW YORK ) Qualified In Suffolk County
COUNTY OF SUFFOLK ) SS: Commission Expires April 24, ~7
On this ,,()~ay of l~ in the year 2006 before me, the undersigned, personally
appeared Scott A. Russell, 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.
fJa{J~'p~. t.,~
Notary Public
PATRICIA L. FALLON
Notary Public, State (If New York
No. 01 FA4950146
Qualified In Suffolk County
Commission Expires April 24, ~ 7
. '.
. ,
.
For use outside New York State:
State, District of Columbia, Territory, Possession, or )
Foreign Country ) 55:
On the day of in the year 2006 before me, the undersigned, personally appeared
, 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), that be
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, and that such individual made such
appearance before the undersigned in the
(Insert the city or other political subdivision and the state or country or other place the acknowledgment was
taken,)
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Easement changes highlighted.doc
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of rnstrument: EASEMENT/DOP
NUmber of Pages: 17
Receipt Humber : 06-0067196
TRANSFER TAX NUMBER: 05-45462
Recorded:
At:
07/12/2006
12:20:00 PM
LIBER:
PAGE:
D00012458
923
District:
1000
Section: Block:
084.00 02.00
EXAMrNED AND CHARGED AS FOLLOWS
$813,592.00
Lot:
002.004
Deed Amount:
Received the Following Fees For Above rnstrument
Exempt Exemp
Page/Filing $51.00 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 $11. 05 NO RPT $30.00 NO
SCTH $0.00 NO Transfer tax $0.00 NO
C01lllll.Pres $0.00 NO
Fees Paid $122.05
TRANSFER TAX NUMBER: 05-45462
THrs PAGE rs A PART OF THE rNSTRUMENT
THrS rs NOT A BrLL
Judith A. Pascale
County Clerk, Suffolk County
~1C~li:nl!:~
AUG 1 7 2006
I DEPT. OF LANO
PRESERVATION
.
"
[!][i]
RECORDED
2006 Jul 12 12:20:00 PM
Judith R. Pascale
CLERK OF
SUFFOLK COUNTY
L DOOO12458
P 923
DTlI 05-45462
Number of pages
TORRENS
Serial #
Certificate #
Prior Clf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
3
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Sub Total
&f
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec.! Assit.
or
Page / Filing Fee
Handling
TP-584
5. 00
~
Notation
15. 00
Sub Total
Spec. /Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointme~
Transfer Tax .~~~
Mansion Tax - r r _
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
1.10OD
Comm. of Ed.
5. 00
Affidavit
C--
, Certified Copy
/ It aY
Otber
Grand Total
If NO. see appropriate tax clause on
page # of this instrument.
~06:~2~78
REAP A
UN
1000 08400 0200 002004
5 Community Preservation Fund
--
Real Property
Tax Service
Agency
Verification
Consideration Amount $
CPF Tax Due $
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Vacant Land
TO ~()ul)
TO
Lisa Clare Kombrink
235 Hampton Road, 2nd Floor
Southampton, NY 11968
TO
7 Title Com an Information
Co. Name S'm.ilAer Ii e
Title # -l, &,
Suffolk Count Recordin & Endorsement Pa e
8
JlJ..AAc.s, SI-/AL vev ,
.
A/l/lJ SHAL~
This page forms part of tbe attached r; MAlr (J P lJev EUJ/,I)7t:?Vr J!/ ~Ih:::s USFmC7V7 made by:
(SPECIFY TYPE OF INSTRUMENT) . .(~). ..'
R.u.r .s 0 The premises herein is situated in .
SUFFOLK COUNTY, NEW YORK.
TO
J;L/J).} tJF Sdc.f71loLlJ
In tbe Township of
In tbe VILLAGE
S, 4'77/,)1.1;
or HAMLET of f!u 'Tl" Jf()~ Clc
BOXES 6 TARU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)