HomeMy WebLinkAbout1000-35.-1-4
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP
Number of Pages: 6
Receipt Number : 07-0052300
District:
1000
Received the
Page/Filing
COE
TP-584
Cert.Copies
SCTM
Recorded:
At:
LIBER:
PAGE:
Section:
035.00
EXAMINED
Following Fees For
Block:
01. 00
AND CHARGED AS FOLLOWS
Above Instrument
Exempt
NO
NO
NO
NO
NO
$18.00
$5.00
$0.00
$15.00
$0.00
Handling
NYS SRCHG
Notation
RPT
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
06/01/2007
09:40:33 AM
000012507
589
Lot:
004.000
$5.00
$15.00
$0.00
$30.00
$88.00
Exempt
NO
NO
NO
NO
Number of pages
TORRENS
"
Serial #
Certificate #
Prior Clf. #
Deed. Mortgage Instrument
Deed I Mortgage Tax Stamp
3
FEES
Page I Filing Fee
Handling
5. .illL
TP-584
Notation
EA-52l7 (County)
EA-52l7 (State)
ra3
Sub Total
R.P.T.S.A.
3D
-
Comm. of Ed.
5. 00
Affidavit c;i)
Certified Copy
/s--
.
RECOR[)E[)
2007 Jun 01 09: 40: ~;3 ~N
Judith H. Pascale
CLERK OF
SUFFOLK COlItJT\'
L D00012507
P 5:::9
Recording I Filing Stamps
Mortgage AmI.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. I Assit.
or
Spec. I Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment_
Transfer Tax
Mansion Tax .
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
Reg. Copy
/5'
Sub Total
Other
Grand Total
1000
4 District
Real
Property
Tax Service
Agency
Verification
035.00
Section
01.00
Block
004.000
Lot
1000 03500 0100 004000
6
SatisfactionlDischargeslRelease List Property Owners Mailing Address
RECORD & RETURN TO:
MICHAEL J. VERITY
P.O. Box 476
Greenport, NY 11944
7
Co. Name
Title #
5
Communi Preservation Fund
Consideration Amount $ 0
CPF Tax Due $ 0
Improved
Vacant Land x
TD
TD
TD
Title Company Information
N/A
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached
made by:
DECLARATION OF COVENANTS & RESTRICTIONS
(SPECIFY TYPE OF INSTRUMENT)
MICHAEL J. VERITY
The premisis herein is situated in
TO
In the Township of
SUFFOLK COUNTY, NEW YORK.
SOUTHOLD
In the VILLAGE
or HAMLET of
GREENPORT
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
((WP,r)
.
.
DECLARATION OF
COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made as of this
1st day of June, 2007, by Michael J. Verity, residing at 160 Brown Street,
Greenport, New York 11944 (hereinafter referred to as the "Declarant").
WIT N E SSE T H:
WHEREAS, Declarant is the owner of certain real property located in the Town of
Southold, County of Suffolk, and State of New York, more particularly bounded
and described on Schedule "A" annexed hereto and made a part hereof; and
WHEREAS, Declarant has made application to the Planning Board of the Town
of Southold for approval to subdivide said real property into five (5) lots, as
shown on the subdivision map entitled "Final Plat For the Property Of: 'Michael
Verity' at Greenport", which map is intended to be filed in the Suffolk County
Clerk's Office; and
WHEREAS, for and in consideration of the granting of said approval, the
Planning Board of the Town of Southold has deemed it to be in the best interests
of the Town of South old and the owners and prospective owners of said lots that
the within covenants and restrictions be imposed on said lots, and as a condition
of said approval, said Planning Board has required that the within Decl3ration be
recorded in the Suffolk County Clerk's Office; and
WHEREAS, the Declarant has considered the foregoing and has determined that
the same will be in the best interests of the Declarant and subsequent owners of
said lots; and
WHEREAS, Declarant is required, pursuant to said approval, to create mutual
easements for the purpose of ingress and egress to the above-described lots or
parcels of land for the installation and maintenance of utilities and for all other
lawful purposes in favor of these parcels;
NOW, THEREFORE, be it declared as follows:
That the Declarant, for the purpose of carrying out the intentions above
expressed, does hereby make known, admit, publish, covenant and agree that
the said premises herein described shall hereafter be subject to the following
covenants and easements which shall run with the land and shall be binding
upon Declarant and all subsequent owners of said real property, their heirs,
executors, legal representatives, distributes, successors and assigns, to wit:
- 1 -
.
.
1. No further subdivision of any of the lots reflected on the subdivision
map referenced above shall be allowed, in perpetuity.
2. Any and all changes to the lot lines of any of the lots in connection
with said real property shall require approval by the Planning Board of the Town
of Southold.
3. Pursuant to Section 240-49(C) of the Code of the Town of
Southold, the clearing restrictions for said lots are as follows:
(i) Lots 1 through 4 inclusive: 60% of each lot site shall be
permitted to be cleared.
(ii) Lot 5: 20% of said lot site shall be permitted to be cleared.
4. All residential structures built or located on Lot 5 of said subdivision
map shall only be permitted within the building envelope of Lot 5 as reflected on
the approved subdivision map.
5. The area of said subdivision map designated as "Open Space
Area" shall be subject to an Agricultural Conservation Easement that will be filed
in the Office of the Suffolk County Clerk simultaneous with the subdivision map.
6. A buffer entitled "25' Wide Landscaped Buffer" within the Open
Space Area for Lot 5, as shown on the approved subdivision map, shall be
preserved and left in its natural state.
7. All future property owners/residents of the lots in connection with
said real property are hereby noticed that they may be subject to noise, dust and
odors normally associated with agricultural activities pursuant to Article XXI,
Farmland Bill of Rights, of the Code of the Town of Southold.
8. All stormwater runoff resulting from the development of any of the
lots in connection with said real property shall be retained on site and shall be the
responsibility of each property owner. Gutters, leaders and subsurface drywells
shall be installed in connection with such development to contain surface runoff.
9. Prior to construction on any of the subject lots of the subdivision,
such construction project shall require a General Permit of the storm water runoff
form construction activity (GP-02-01) administered by New York State
Department of Environmental Conservation under Phase 11 State Pollutant
Discharge Elimination System.
10. The use of native plants and disease-resistant and drought-tolerant
plants are required in landscaping the lots in connection with said real property.
-2-
.
.
11. The use of synthetic pesticides and fertilizers is prohibited in
connection with said real property.
12. All driveways shall be constructed of pervious materials.
13. Access to Lots 2 and 3 shall be from a common driveway over Lot
3 as reflected on the approved subdivision map.
14. Access to Lots 4 and 5 shall be from a common driveway over Lot
4 as reflected on the approved subdivision map.
15. Access to Lot 1 shall be from a private driveway.
16. Access to Lot 5 from the Main Road alkla New York State Route 25
is prohibited.
These covenants and restrictions shall run with the land and shall be
binding upon the Declarant, his successors and assigns, and upon all persons or
entities claiming under them, and may be terminated, revoked or amended by the
owner of the property only with the written consent of the Town of Southold
granted by a majority plus one vote of the Planning Board, after a public hearing.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be
adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall
not affect the validity of these covenants as a whole or any other part or provision
hereof other than the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional.
The aforementioned restrictive covenants are intended for the benefit of
and shall be enforceable by the Town of Southold, State of New York, by
injunctive relief or by any other remedy in equity or law. The failure of said
agencies of the Town of Southold to enforce same shall not be deemed to affect
the validity of this covenant nor to impose any liability whatsoever upon the Town
of Southold or any officer or employee thereof.
The within Declaration is made subject to the provisions of all laws
required by law or by their provisions to be incorporated and made a part hereof,
as though fully set forth herein. That the within Declaration shall run with the
land and shall be binding upon the Declarant and his successors and assigns,
and upon all persons or entities claiming under them, and may not be annulled,
waived, changed, modified, terminated, revoked, or amended by subsequent
owners of the property unless and until approved by a majority plus one vote of
the Planning Board of the Town of South old or its successors, after a public
hearing.
- 3 -
IN WITNESS WHEREOF the Declarant has duly executed this Declar3tton
the day and year first above written.
~10'
Michael J. Verity ~
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the 1st day of
personally appeared Micl
on the basis of satisfal
subscribed to the within
the same in his capacil
individual, or the person I
instrument.
..I""..... :.... "'1-_ ..___ 1"\1"'\1"'\'" I ,.
~OUNTY CLERK'S OFFICE
TATE OF NEW YORK 55.:
OUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof, do hereby certify that I have compared Jhe annexed with
the original Declaration RE~ED in my office on ..G.-:: .-::J.t.XJ1.. under
L1BER .J.~..... PAGE ..o.~....... and, that the same is a true copy thereof,
and of the whole of such original.
In Testimony Whereof, I have lJerepnto set mYl1.a.ncj and affixed the
seal of said County and Court on this ...jS.T.... day of .;:JJ.Y.\1~........., 2001..
12J45P' 01/071<d
CLERK Q.~.~r..:fl....a:..4.~~p...'.~...~..
- 4-
.
.
.
SCHEDULE A - LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at
Greenport, in the Town of Southold, County of Suffolk and State of New York,
more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Sound Road at the
northeasterly corner of land now or formerly of Charles and Sophie RaY'1or and
being distant northerly 304.08 feet from the corner formed by the intersection of
the northerly side of Main Road (North Road) and the westerly side of Sound
Road;
RUNNING THENCE along said land now or formerly of Charles and
Sophie Raynor, the following Wio (2) courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and
2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a
monument and land now or formerly of Antonis & Ellen Natsoulis;
THENCE along said land and later along land now or formerly of Sophie
Raynor the following two (2) courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a
monument;
2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a
monument on the northerly side of Main Road (North Road);
THENCE South 77 degrees 57 minutes 30 seconds West, along the
northerly side of Main Road (North Road) 353.41 feet to a monument and land
now or formerly of Jean and Joseph J. Misuraca;
THENCE North 17 degrees 01 minute 56 seconds West along said land,
491.62 feet to land now or formerly of Andreas & Kalliope Lois;
THENCE North 68 degrees 19 minutes 40 seconds East, along said land
and later along land now or formerly of the Town of Southold, 110.83 feet to a
monument and land now or formerly of George E. Cottral;
THENCE North 69 degrees 14 minutes 05 minutes East along said land
and later along land now or formerly of the Town of Southold, 189.49 feet to land
now or formerly of Anthony Saccone;
THENCE North 62 degrees 17 minutes 37 seconds East along said land
and later along land now or formerly of Joseph E. and Margaret E. Pascale,
210.00 feet to a monument on the westerly side of Sound Road;
THENCE South 27 degrees 48 minutes 03 seconds East along the
westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING.
Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00,
Lot 004.000
.
.
SF
A\
MICHAEL J. VERITY
P.O. Box 476
Greenport, NY 11944
\
.J."_~,
June 18, 2007 __."';;';;:~'''''' \
. ',' (., ;~ 1\ 'I'!i
\~' \ \ JU"' 9 'lOO1
\ \ \ ~.
Planning Board of the Town of Southold ' .....\ \
P.O. Box 1179 \ L------scutnold1Ol.n . . \
South old ,NY 11971-0959 'I. l'1.nni 'EO'~ r'$<~;M. .11
Re: ~~~~~:~~. ~:~:ard Subdivision for the r2P~a~""~;"~\'"
SCTM No. 1000-35-1-4
Zoning District: R-40
BY HAND
Dear Members of the Board:
For your records, enclosed please find a certified copy of the Common
Driveway Easement in connection with the referenced matter, which document
was recorded with the Suffolk County Clerk on June 18,2007, in Liber
000012509, Page 839.
Thank you for your attention. If you require anything further regarding this
matter, please do not hesitate to contact me.
Very truly yours,
~~
Michael J. Verity
/mjv
Enclosure
.
.
111111111111 111111111111111 11111 1111111111111111111 1111
111111I11111 111111111 I11I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 8
Receipt Number : 07-0057043
TRANSFER TAX NUMBER: 06-36742
Recorded:
At:
06/18/2007
09:31:54 AM
LIBER:
PAGE:
D00012509
839
District:
1000
Section:
035.00
EXAMINED AND
$0.00
Block:
01. 00
CHARGED AS
Lot:
004.000
FOLLOWS
Deed Amount:
Received the Following Fees For
Page/Filing
COE
TP-584
Cert.Copies
SCTM
COIllIll.Pres
$24.00
$5.00
$5.00
$20.00
$0.00
$0.00
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Transfer tax
NO
$5.00
$15.00
$0.00
$30.00
$0.00
Exempt
NO
NO
NO
NO
NO
Fees Paid
$104.00
TRANSFER TAX NUMBER: 06-36742
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
Number of pages
TORRENS
B
Serial #
Certificate #
Prior Clf. #
Deed . Mortgage Instrument
Deed I Mortgage Tax Stamp
3
FEES
Page I Filing Fee
2lL~
Handling
5. .illL
TP-584
5
-
Notation
EA-5217 (County)
CJ-l-
Sub Total
EA-52l7 (State)
R.P.T.S.A.
.2OQQ
Corom. of Ed.
5. .illL
t:2ar
Certified Copy
Reg. Copy
Otber
11000
.iJ District
Real
Property
Tax Service
Agency
Verification
nl nn 004.000
1000 03500 0100 004000
6
SatisfactionlDischargeslRelease List Property Owners Mailing Address
RECORD & RETURN TO:
MICHAEL J. VERITY
P.O. Box 476
Greenport, NY 11944
7
Co. Name
Title #
.
RECORDED
2007 Jun 18 09:31:54 AM
Judith A. Pascale
CLERK OF
SUFFOLK COUNW
L 000012509
P 839
DT# 06-36742
Recording I Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. I Assit.
or
Spec. I Add.
TOT. MTG TAX
Dual Town _ Dual County _
Held for Appointment _
Transfer Tax
Mansion Tax .
Jt"'
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
5 Communi Preservation Fund
Consideration Amount $ 0
CPF Tax Due $ 0
Improved
Vacant Land
x
TD
TD
TD
Title Company Information
N/A
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached
COMMON DRIVEWAY EASEMENT
made by:
(SPECIFY TYPE OF INSTRUMENT)
MICHAEL J. VERITY
The premisis herein is situated in
In the Township of
SUFFOLK COUNTY, NEW YORK.
SOUTHOLD
TO
----MIC..HAl. \ VE'Q.IT'-\
In the VILLAGE
or HAMLET of
GREENPORT
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
(nvp.r)
.
.
COMMON DRIVEWAY EASEMENT
THIS INDENTURE, made as of this 15th day of June, 2007, by Michael J. Verity,
residing at 160 Brown Street, Greenport, New York 11944 (hereinafter referred to
as the "Declarant").
WIT N E SSE T H:
WHEREAS, Declarant is the owner of certain real property Iccated in the Town of
Southold, County of Suffolk, and State of New York, more particularly bounded
and described on Schedule "A" annexed hereto and made a part hereof; and
WHEREAS, Declarant is required, pursuant to the subdivision approval granted
by the Planning Board of the Town of Southold in a resolution adopted on
June 11, 2007, to create mutual easements for the purpose of ingress and
egress in connection with said real property for the purpose of sharing a common
driveway for the installation of utilities and all other lawful purposes in favor of
these parcels, so that there will be only one common driveway access to serve
Lots 2 and 3 and only one common driveway access to serve Lots 4 and 5;
WHEREAS, Declarant desires to provide for such shared driveway access to and
from Sound Road.
NOW, THEREFORE, be it declared as follows:
1. Lots 2 and 3 shall have common driveway access to and from
Sound Road over the driveway on Lot 3. These lots shall at all times be limited
to a single shared access to and from Sound Road, which shared common
driveway access is more particularly bounded and described on Schedule "B"
annexed hereto and made a part hereof.
2. Lots 4 and 5 shall have common driveway access to and from
Sound Road over the driveway on Lot 4. These lots shall at all times be limited
to a single shared access to and from Sound Road, which shared common
driveway access is more particularly bounded and described on Schedule "C"
annexed hereto and made a part hereof.
3. Vehicular access to and from said driveways for said lots shall be
restricted to said common driveway access.
4. With regard to the use of the common driveways referenced above,
such use shall be subject to the following conditions:
- 1 -
.
.
(A) The respective lot owners shall have the joint, equal and
mutual right to use the common driveways described in Schedules "B" and "C"
for the purpose of ingress and egress.
(B) The terms "lot owner" or "lot owners", as used in this
Easement, shall be deemed to include any heirs, distributees, successors or
assigns of thE;1 particular lot owner or lot owners.
(C) Each lot owner affected by this Easement, by accepting a
deed to or takin'g title to Lots 2, 3, 4 and 5 does hereby authorize and accept, for
the lot owner ar,ld his/her heirs, distributees, successors, and assigns, all of the
conditions, oblig1;1tions, restrictions, and provisions of this Easement.
(0) The word "maintenance" as used in this Easement, shall be
deemed to mean all costs and expenses in connection with said common
driveways, including the costs of sweeping, surfacing and resurfacing,
regravelling, filling i'n of holes, snow removal, landscape maintenance to insure
proper width and all those items necessary to make it convenient and safe for the
owners of the aforesaid lots to use the common driveways described on
Schedules "B" and "C" annexed hereto.
(E) The owners of the respective lots, or any portion thereof,
shall determine what maintenance shall be done on the respective common
driveway to which they have access and the amount of money to be expended
therefor, as provided in paragraph "F" hereof. Each lot owner shall be
responsible for the proportion of expenses that his/her vote has to the entire
number of votes eligible to be cast, but in no event more than one share per lot.
(F) All decisions for improvements and/or maintenance of the
common driveways shall be made by majority vote of the lot owners having rights
to such driveways. Proxy votes shall not be acceptable. There shall be one vote
per lot. Any lot owner may initiate a vote on any maintenance or improvement
matter by sending a notice by certified mail, return receipt requested, to all other
lot owners having lots to the respective driveways. Said notice shall contain all
information necessary to make an informed decision on the matter. Any lot
owner not voting affirmatively or negatively within thirty (30) days of the mailing of
that notice shall be bound by the decision of those who do vote.
(G) All lot owners agree that the common driveways shall always
be maintained in good repair employing the same design, type of construction
and material as originally installed, unless otherwise agreed to by the owners of
Lots 2, 3, 4 and 5 and approved in advance by the Planning Board of the Town of
Southold, so as to be passable by vehicles and this shall include prompt repair of
any "potholes" or similar defects in the driveways which cause the driveways to
become substandard.
- 2 -
.
.
(H) In the event any of the lot owners fail to pay a proportionate
share of maintenance expenses within fourteen (14) business days of notification
of charges, such unpaid monies may be collected proportionately from each of
the other lot owners. In this event, all lot owners having duly paid both their
proportionate share of expenses and that of the defaulting lot owner shall be
deemed the contractors as defined in New York Lien Law. The lot owner who
has not paid his/her p1roportionate share shall subject his/her real property to the
liens of those lot owners who have paid their share or maintenance expenses.
The lot owners who have paid their proportionate share of expenses may also
commence an action ag'ainst the defaulting lot owner, in a court of appropriate
jurisdiction, in order to recover the unpaid monies. In any action commenced
against a defaulting lot owner, there shall be a rebuttable presumption that the
maintenance work for whl'ch monies are owing was validly authorizfld by the
majority of the lot owners and was competently performed by the contractor who
did the work. A defaulting I'ot owner shall be liable for all costs and expenses,
including but not limited to, reasonable attorneys' fees which are incurred by the
other lot owners in recove,ring the defaulting lot owner's unpaid share of
expenses.
(I) Notwithstanding anything to the contrary herein, each and
every lot owner shall prompt.ly repair, at his/her sole cost and expense, any
damage done to the drivew.ays by construction traffic, machinery, or other
implements used in the construction or maintenance of improvements on the
particular lot owner's land. Any failure to make or pay for such repair may be
treated by the other lot owners as a default in the payment of maintenance
expenses, in accordance with subparagraph (H) above.
(J) The owners of Lots 2, 3, 4 and 5 shall have the right to
maintain, at their own cost and expense, their respective common driveways, as
described on Schedules "8" and "C". All reasonable costs and expenses in
constructing and maintaining the said existing driveways shall be borne by the
owners of the lots benefited by the respective common driveways.
(K) This Common Driveway Easement may not be revoked,
rescinded, extinguished, modified or amended without the express written
permission of a majority plus one of the Town of Southold Planning Board or its
legal successors, except that the provisions hereof which relate solely to the
making of repairs or improvement decisions or the allocation of expenses among
lot owners may be revoked or modified without such Planning Board's approval.
(L) This Common Driveway Easement runs with the land and is
binding upon all grantees, heirs, distributes, successors, or assigns of any
portion of the lands described in Schedule "A" herein.
- 3 -
IN WITNESS WHEREOF the Declarant has duly executed this Easement
the day and year first above written. .
~#~
~ ~
Michael J. Verit
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the 15th day of June in the year 2007 before me, the undersigned,
personally appeared Michael J. Verity, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed
the same in his capaci
individual, or the person
instrument.
COUNTY CLERK'S OFFICE
STATE OF NEW YORK 55.: J
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Cour
of Record thereof, do hereby certify that I have compared the annexed with
the original Easement RECORDJ;P in my office on ...{Q.::.!.~~.9..7... under
LIBER ..Ia..S':.o.9,.... PAGE .....8:o.'t... and, that the same is a true copy thereof,
and of the whole of such original.
In Testimony Whereof, I have hereunto set mrvh,a~ Jand affixed the
seal of said County and Court on this ...l~:I.':?. day of U",~"""'" 20 .0.7
CLERK Q.~~..1.:fl....a....4..,"~!':.."~,,:~,,, \
120245p UI/07kd
-4-
.
.
SCHEDULE A - LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at
Greenport, in the Town of Southold, County of Suffolk and State of New York,
more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Sound Road at the
northeasterly corner of land now or formerly of Charles and Sophie Raynor and
being distant northerly 304.08 feet from the corner formed by the intersection of
the northerly side of Main Road (North Road) and the westerly side of Sound
Road;
RUNNING THENCE along said land now or formerly of Charles and
Sophie Raynor, the following two (2) courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and
2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a
monument and land now or formerly of Antonis & Ellen Natsoulis;
THENCE along said land and later along land now or formerly of Sophie
Raynor the following two (2) courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a
monument;
2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a
monument on the northerly side of Main Road (North Road);
THENCE South 77 degrees 57 minutes 30 seconds West, along the
northerly side of Main Road (North Road) 353.41 feet to a monument and land
now or formerly of Jean and Joseph J. Misuraca;
THENCE North 17 degrees 01 minute 56 seconds West along said land,
491.62 feet to land now or formerly of Andreas & Kalliope Lois;
THENCE North 68 degrees 19 minutes 40 seconds East, along said land
and later along land now or formerly of the Town of Southold, 110.83 feet to a
monument and land now or formerly of George E. Cottral;
THENCE North 69 degrees 14 minutes 05 minutes East along said land
and later along land now or formerly of the Town of Southold, 189.49 feet to land
now or formerly of Anthony Saccone;
THENCE North 62 degrees 17 minutes 37 seconds East along said land
and later along land now or formerly of Joseph E. and Margaret E. Pascale,
210.00 feet to a monument on the westerly side of Sound Road;
THENCE South 27 degrees 48 minutes 03 seconds East along the
westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING.
Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00,
Lot 004.000
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SCHEDULE B - LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land situate, lying and being at
Greenport in the Town of Southold, County of Suffolk and State of New York,
said parcel being particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Sound Road said point
being situate North 27 degrees 48 minutes 03 seconds West, 421.78 feet from
the corner formed by the intersection of the northerly side of Main Road (North
Road) and the westerly side of Sound Road;
RUNNING THENCE from said point or place of BEGINNING through land
now or formerly of Michael J. Verity, the following three courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 287.03 feet to a
point;
2. North 27 degrees 48 minutes 03 seconds West, 20.00 feet to a
point;
3. North 63 degrees 03 minutes 57 seconds East, 287.03 feet to the
westerly side of Sound Road;
RUNNING THENCE along the westerly side of Sound Road South 27
degrees 48 minutes 03 seconds East, 20.00 feet to the point or place of
BEGINNING.
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SCHEDULE C - LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land situate, lying and being at
Greenport in the Town of Southold, County of Suffolk and State of New York,
said parcel being particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Sound Road said point
being situate North 27 degrees 48 minutes 03 seconds West, 441.78 feet from
the corner formed by the intersection of the northerly side of Main Road (North
Road) and the westerly side of Sound Road;
RUNNING THENCE from said point or place of BEGINNING through land
now or formerly of Michael J. Verity, the following three courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 287.03 feet to a
point;
2. North 27 degrees 48 minutes 03 seconds West, 20.00 feet to a
point;
3. North 63 degrees 03 minutes 57 seconds East, 287.03 feet to the
westerly side of Sound Road;
RUNNING THENCE along the westerly side of Sound Road South 27
degrees 48 minutes 03 seconds East, 20.00 feet to the point or place of
BEGINNING.
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AGRICULTURAL CONSERVATION EASEMENT
THIS AGRICULTURAL CONSERVATION EASEMENT is made as of the 5th day
of July, 2007, at Southold, New York, by Michael J. Verity residing at 160 Brown Street,
Greenport, New York 11944 (hereinafter 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 11971-0959 (hereinafter called "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property located in
the Town of Southold, County of Suffolk, State of New York, identified as
SCTM #1000-35-1-4, and has made application to and has received approval from the
Planning Board of the Town of Southold to subdivide said real property as shown on the
Subdivision Map entitled "Final Plat for the Property of: 'Michael Verity' at Greenport",
prepared by Fox Land Surveying, last revised April 25, 2007, which map is to be filed in
the Suffolk County Clerk's office simultaneously herewith; and
WHEREAS, as a condition of such subdivision approval, the Town of Southold
requires that the Grantor preserve a portion of the property under subdivision in
perpetuity; and
WHEREAS, General Municipal Law Section 247 provides for the acquisition by
designated governmental bodies and entities, including Towns, of fee title or lesser
interests in real property, including conservation easements, which may be necessary
and desirable for the preservation, conservation, and retention of open spaces and
areas of scenic and natural resources; and
WHEREAS, as a condition of approval of this standard subdivision plat and in
order to further the Town's goals of permanent preservation, the Planning Board has
required this Agricultural Conservation Easement be placed over a 71,581 square foot
portion of the subject property described in Schedule A attached hereto and made a
part hereof, shown on the aforementioned Subdivision Map as the "Open Space Area"
and hereinafter referred to as the "Property;" and
WHEREAS, as a condition of said approval, the Planning Board has required that
the within Easement be recorded in the Suffolk County Clerk's Office simultaneously
with the filing of this subdivision map; and
NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration paid to Grantor, the receipt of which is hereby acknowledged,
Grantor hereby grants, transfers and conveys to Grantee, an Agricultural Conservation
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Easement in gross, which shall be binding upon and shall restrict the premises shown
on the aforesaid subdivision map, hereinafter referred to as the Property, more
particularly bounded and described in Schedule B annexed hereto and made a part
hereof.
1. Grantor's Warrantv
Grantor warrants and represents to the Grantee that Grantor is the owner in fee
simple of the Property described in Schedule A, free of any liens except that the
Property is subject to a mortgage held by JLH Associates, LLC Profit Sharing Plan,
dated November 25, 2002, and recorded on December 11, 2002, in the Suffolk County
Clerk's office in Liber 20255 mp 497, as consolidated in Liber 21165 mp 589. JLH
Associates, LLC Profit Sharing Plan, the holder of the mortgage has executed a
Consent of Mortgagee/Lienor recognizing and consenting to the terms of this Easement.
Said Consent form is attached hereto and made a part hereof as Schedule C.
2. 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 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.
3. Purpose
The parties recognize the scenic and agricultural values of the Agricultural
Conservation Easement area and have the common purpose of preserving these
values. This instrument is intended to convey an Agricultural Conservation Easement
on the Property by Grantor to Grantee, exclusively for the purpose of preserving its
open space character in perpetuity for its scenic, open space, 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.
4. Documentation
The portion of the property that is the subject of this Agricultural Conservation
Easement is depicted on the subdivision map entitled "Final Plat for the Property of:
'Michael Verity' at Greenport", and designated on said subdivision map as "Open Space
Area" as more particularly bounded and described in Schedule B attached hereto and
made a part hereof.
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5. Recitation
In consideration of the recited facts, mutual promises, undertakings, and
forbearances contained in this Easement, the parties agree upon its provisions,
intending to be bound by it, as follows:
ARTICLE ONE
THE EASEMENT
1.01 IYJ2g
This instrument conveys an Agricultural Conservation Easement (hereinafter
called the "Easement"). This Easement shall consist of the covenants, restrictions,
rights, terms, and conditions recited herein. Reference to this "Easement" or its
"provisions" shall include any and all of those covenants, restrictions, rights, terms and
conditions.
1.02 Duration
This Easement shall be a burden upon and run with the Property in perpetuity.
1.03 Effect
This Easement shall run with the Property as an incorporeal interest in the
Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants,
mortgagees, 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
CONVEYANCE
GRANTOR, as a condition of subdivision approval, 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.
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ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and practices
are prohibited forever upon or within the Property; except as otherwise specifically
permitted by the provisions hereof.
3.01 Structures and Improvements
No structures or improvements may be erected or constructed on the Property
except as permitted by Section 4.05 hereof. The restriction or limitations on structures
and improvements imposed by this Easement shall not prohibit 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.
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, is
prohibited. 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.
3.03 Subdivision
There shall be no further subdivision, division or partitioning of the Property.
3.04 Dumpinq
The dumping or accumulation of unsightly or offensive materials including, but
not limited to, trash, garbage, sawdust, ashes or chemical waste on the Property is
prohibited. This prohibition shall exclude materials used on the Property in the normal
course of sound agricultural practices, including fertilization and composting.
3.05 Siqns
The display of signs, billboards, or advertisements is 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 and/or
address 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
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conservation Easement. Signs shall not be more than six square feet in size, be non-
illuminated and are subject to regulatory requirements of the Town.
3.06 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 is prohibited.
3.07 Aqricultural Activities
Except as provided in Section 4.04 and 4.05 hereof, the use of the property for
the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as
defined by the U. S. Environmental Protection Agency, or commercial livestock
operations involving swine, poultry, mink, ratites, and other animals likely to produce
highly offensive odors, shall be prohibited.
3.08 Utilities
The creation or placement of overhead utility transmission lines, utility poles,
wires, pipes, wells or drainage and septic systems on the Property is prohibited.
Utilities on the Property must, to the extent possible, be constructed within 30 feet of the
centerline of roads or driveways, and may be used solely to service the permitted
structures.
3.09 Uses
Except as permitted in Section 4.04 hereof, the use of the Property for any
commercial, commercial-recreational or industrial purpose is prohibited. Uses related to
agricultural activities as allowed by this Easement shall not be considered commercial
uses for the purpose of this Section 3.09.
3.10 Drainaqe
The use of the Property as a leaching or sewage disposal field is prohibited,
except to service the permitted structures. The use of the Property for a drainage basin
or sump is prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.11 Development Riqhts
The use of the acreage of this Property for purposes of calculating lot yield on
any other Property is 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 and the parties agree that such rights, except
those required to carry out the permitted uses of and activities on the Property, are
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.
4.04 Aqricultural Activities
Grantor shall have the right to engage in all types of agricultural activity as the
term "Agriculture" is defined in Section 240-3 of the Southold Town Code as of this date,
including, but not limited to, raising crops or livestock and wholesale nurseries.
4.05 Structures and Improvements
Grantor shall have the right to erect and maintain the following structures and
improvements on the Property as are necessary for the agricultural uses of the
Property, subject to applicable lot coverage requirements in Chapter 280, Zoning, of the
Code. Allowable structures and improvements include, but are not limited to, the
following:
(i) Access drives to provide access to the improvements permitted by this
Section 4.05; and
(ii) Underground facilities used to supply utilities, septic systems, leaching
fields, and control stormwater runoff from the improvements permitted
under the terms of this paragraph;
(iii) Fences, if they are placed so that they do not block or detract from the
scenic view of the Property; and
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A. Replacement of Structures and Improvements
In the event of damage resulting from casualty to an extent which renders
repair of any existing structures or improvements impractical, erection of a
replacement of comparable size, bulk, use, and general design to the damaged
improvement or structure shall be permitted within the same location subject to
the review and written approval of Grantee.
B. Environmental Sensitivity During Construction
The use and location of any improvement permitted to be constructed
hereunder shall be consistent with the conservation purposes intended herein,
and construction of any such improvement shall minimize disturbances to the
environment including, but not limited to, minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
4.06 Notice
Grantor shall notify Grantee, in writing, before exercising any reserved right with
respect to the Property, pursuant to Sections 4.04 and 4.05 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 4.05 herein. Grantor shall provide Grantee with complete documentation
including information on the need for and use of such structures, and architectural plans
of any proposed structures, which are subject to Grantee's approval. The request for
approval shall describe the nature, scope, location, timetable and any other material
aspect of the proposed improvement or activity in sufficient detail to permit Grantee to
evaluate the proposal.
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.
Prior to the construction of those improvements or the exercise of the activities
approved by Grantee in accordance with this Section 4.06 hereof, Grantor agrees to
notify Grantee in writing of the intention to exercise such approval. The notice shall
describe the nature, scope, location, timetable, and any other material aspect of the
proposed construction or activity in sufficient detail to permit Grantee to monitor such
construction or activity. If Grantor plans construction or activities that are permitted as a
matter of right, it shall nevertheless, prior to at least 10 days from beginning such
construction or activity, provide to Grantee under the requirements of this Section 4.06
written information evidencing the conformity of such construction or activity with the
provisions of the applicable Sections under which the right is reserved hereunder.
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4.07 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 forth 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 or the validity of this Easement.
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 from any liability, costs,
attorneys' fees, judgments or expenses to Grantee or any of its officers, employees,
agents or independent contractors arising from the physical maintenance or condition of
the Property or from any taxes, levies or assessments upon it or resulting from this
Easement, all of which are considered Grantor's sole obligations.
5.03 Third Partv Claims
Grantor shall indemnify and hold Grantee harmless from 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.
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5.04 Annual MowinQ Reauirement
In the event Grantor seeks to leave the Property open and fallow, and not
perform or use the Property for agricultural production, the 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 5.04 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 Inspection
Grantee shall have the right to enter upon the Property at reasonable times, 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 purpose, except pursuant to 6.03 (ii)
hereof, nor 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 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 Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by
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 are inadequate. Therefore, in addition to, and not in limitation
of, any other rights of Grantee hereunder at law or in equity, in the event any breach,
default or violation of any term, provision, covenant or obligation on 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
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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, to:
(i) institute a suit to enjoin or cure such breach, default or violation by
temporary and/or permanent injunction,
(ii) 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
(Hi) 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.
If Grantor acknowledges or a court of competent jurisdiction determines that a
violation of this Easement has occurred, Grantor shall pay, either directly or by
reimbursement to Grantee, all reasonable attorneys' fees, court costs and other
expenses incurred by Grantee (hereinafter called "Legal Expenses") in connection with
any proceedings under this Section 6.03.
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 have the effect of waiving or
limiting the use of any other remedy or relief or the use of such other remedy or relief at
any other time.
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6.06 Extinquishment/Condemnation
If at any time the whole or any part of the burdened premises shall be taken or
condemned by Grantee, by any other governmental body or entity, or by any public
authority, the Easement hereby granted shall terminate as to those portions of the
premises so taken or condemned, so that as of the time of such taking or condemnation
the burdened premises for the portions so taken or condemned shall not be subject to
the restrictions set forth herein. In any such event, Grantor shall not be required to pay
any penalties, nor shall the value of the burdened premises be in any way diminished or
limited by this Easement even for the purposes of computing severance damages, if
any, as to those parts of the premises not taken or condemned, nor shall any part of the
condemnation award belong or be payable to Grantee.
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 terminated or modified in accordance with the common
and statutory laws of the State of New York applicable to the termination and
modification of easements and covenants running with the land, and according to
applicable provisions of State law and by the mutual consent of the parties.
7.03 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.
7.04 Governinq Law
New York Law applicable to deeds and conservation easements pertaining to
land located within New York State shall govern this Easement in all respects, including
validity, construction, interpretation, breach, violation and performance, except as
provided in Section 7.05 hereof.
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7.05 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 affect 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.
7.06 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to grant, to
the public any right to enter upon the Property.
7.07 Warranties
The warranties and representations made by the parties in this Easement shall
survive its execution.
7.08 Recordinq
Grantor shall record this Easement in the land records of the office of the Clerk of
the County of Suffolk, State of New York.
7.09 Headinas
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
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IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has
accepted and received this Agricultural Conservation Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
TOWN OF S~HOLD, Grantee
BY: ~&'. /~
Scott A. Russell, Supervisor
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this tj-t!: day of July in the year 2007 before me, the undersigned, personally
appeared Michael J. Verity, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the in ividual, or the person upon behalf of which the
individual acted, executed the instrumen
rC
ry Public
MELANIE OOROSKI
NOTARY PUBLIC, State of NewYorl<
No. 01004634870
) 55.: Qualified in Suffolk County ') ^ .
COUNTY OF SUFFOLK) CommissionExpiresSeptember30o~ 0
On thisS-fL day of July in the year 2007 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 whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
STATE OF NEW YORK)
)
MELANIE OOROSKI
NOTARY PUBLIC, State of New Yorl<
No. 01004634870
Qualified in Suffolk County ., ^( b
Commission Expires September 30, ~
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SCHEDULE A - LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at
Greenport, in the Town of Southold, County of Suffolk and State of New York,
more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Sound Road at the
northeasterly corner of land now or formerly of Charles and Sophie Raynor and
being distant northerly 304.08 feet from the corner formed by the intersection of
the northerly side of Main Road (North Road) and the westerly side of Sound
Road;
RUNNING THENCE along said land now or formerly of Charles and
Sophie Raynor, the following two (2) courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and
2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a
monument and land now or formerly of Antonis & Ellen Natsoulis;
THENCE along said land and later along land now or formerly of Sophie
Raynor the following two (2) courses and distances:
1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a
monument;
2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a
monument on the northerly side of Main Road (North Road);
THENCE South 77 degrees 57 minutes 30 seconds West, along the
northerly side of Main Road (North Road) 353.41 feet to a monument and land
now or formerly of Jean and Joseph J. Misuraca;
THENCE North 17 degrees 01 minute 56 seconds West along said land,
491.62 feet to land now or formerly of Andreas & Kalliope Lois;
THENCE North 68 degrees 19 minutes 40 seconds East, along said land
and later along land now or formerly of the Town of Southold, 110.83 feet to a
monument and land now or formerly of George E. Cottral;
THENCE North 69 degrees 14 minutes 05 minutes East along said land
and later along land now or formerly of the Town of Southold, 189.49 feet to land
now or formerly of Anthony Saccone;
THENCE North 62 degrees 17 minutes 37 seconds East along said land
and later along land now or formerly of Joseph E. and Margaret E. Pascale,
210.00 feet to a monument on the westerly side of Sound Road;
THENCE South 27 degrees 48 minutes 03 seconds East along the
westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING.
Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00,
Lot 004.000
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SCHEDULE B - OPEN SPACE AREA LEGAL DESCRIPTION
ALL THAT certain plot, piece or parcel of land situate, lying and being at
Greenport, in the Town of Southold, County of Suffolk and State of New York,
said parcel being more particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (North Road),
said point being at the intersection of the easterly line of land now or formerly of
Jean Misuraca & Joseph J. Misuraca and the northerly side of Main Road (North
Road);
RUNNING THENCE from said point or place of beginning along the
easterly line of land now or formerly of Jean Misuraca & Joseph J. Misuraca
North 17 degrees 01 minute 56 seconds West, 215.82 feet to a point;
RUNNING THENCE through land now or formerly of Michael J. Verity the
following three courses and distances:
1. North 77 degrees 57 minutes 50 seconds East, 283.45 feet to a
point;
2. South 27 degrees 48 minutes 03 seconds East, 33.53 feet to a
point;
3. North 63 degrees 03 minutes 57 seconds East, 36.25 feet to the
westerly line of land now or formerly of Sophie Raynor;
RUNNING THENCE along the westerly line of land now or formerly of Sophie
Raynor South 25 degrees 06 minutes 50 seconds East, 197.15 feet to the
northerly side of Main Road (North Road);
RUNNING THENCE along the northerly side of Main Road (North Road)
South 77 degrees 57 minutes 30 seconds West, 353.41 feet to the point or place
of BEGINNING.
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SCHEDULE C
CONSENT OF MORTGAGEE/LIENOR
Declarant:
Michael J. Verity
Name of Subdivision:
Final Plat for the Property of Michael Verity at
Greenport
Name of Mortgagee:
JLH Associates, LLC Profit Sharing Plan
First Mortgagee in Mortgage Liber 20255 mp 497, as consolidated in Liber 21165
mp 589
I n the matter of the
application of:
Michael J. Verity
The undersigned, as holder of a mortgage or lien on the premises described in
Schedule A annexed hereto, hereby consents to all of the terms of the annexed
Agricultural Conservation Easement on said premises.
JLH Associates, LLC Profit Shatg Plan
By:y.1_~~
Title: M(<JH~(.ut-