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GRANT OF DEVELOPMENT RIGHTS EASEMENT
9-1. THIS D~ DEVELOPMENT RIGHTS EASEMENT, is made on the
6-Z,. day of ,2004 at Southold, New York. The parties are
SANDRA.1. M 'ER F/K/A SANDRA.1. SCOTT, residing lit 3~02!S Mllin
Road, Cutt:hogue, New York ~~93!S ilnd .1OHN G. SCOTT III, residing
at ~27!S Lands End Road, Orient, New York ~~9!S7 , (herein called
~GrantorsH), 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 ~GranteeH).
INTRODUCTION
WHEREAS, Grantor Is the owner In fee simple of certain real property
located In the Town of Southold, Suffolk County, New York, more fully
described In SCHEDULE A, attached hereto and made a part hereof, and as
shown on the survey dated October 28, 2003, prepared by Peconlc ,. "'.
Surveyors, P.C. and hereinafter referred to as the ftPrope~H; bc~fI.a. $&A. A.
'_L" r tJ,.#n'.I"'7....L fD tit-. tfd-.h'\. ~ ~ A.WW\..t.Wt ',,, t.,.... '74'f7.r',iC. ""Z .
WHEREAS, the Property Is located In the A-C Zoning District of the
Town of South old which designation, to the extent possible, Is Intended to
prevent the unnecessary loss of those currently open lands which contain
prime agricultural solis as outlined In the Town Code of the Town of
Southold, Section 100-30. The Property is designated as part of Suffolk
County Tax Map Parcel Number 1000-102-2-23.4; and
WHEREAS, the Property contains solis classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture 5011 Conservation Service's Soil Survey of Suffolk COunty, New
York; and
WHEREAS, the Property Is part of the New York State Agricultural
District #7, and the Grantor wishes to continue using the Property In an
agricultural capacity and as scenic open space as defined In the Town of
Southold; and
WHEREAS, the Property Is currently agricultural land In an open state
and planted in hay; and
WHEREAS, It Is the policy of the Town of South old, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural solis, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property In Its present scenic, agricultural and open
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any extensive
development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, In common, the purpose and objective of protecting and"
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Stewart Title Insurance Company
nile ND: 23-8-3563
Schedule A Description
ALL that certain plot, piece or parcel ofland, situate,lying and being at Cutchogue, Town of
Southold, County ofSuft'olk and State of New York, boundecfand described as follows:
. BEGINNING at a point on the Northerly side of Main Road (S.R. 25) distant Easterly 1617 feet
ftom the comer formed by the intersection of the Easterly side of Depot Lane and the Northerly
side, of Main Road (S.R. 25);
RUNNING THENCE the following three (3) courses and distances to the true point of
beginning:
Along land now or formerly ofthe CUlchogue Methodist Church North 42 degrees 27 minutes 10
seconds West. 334.10 feet:
Still along land nor or formerly of the CUlchoguc Methodist Church South 48 degrees 08
minutes 50 seconds West, 35.00 feet to land now or formerly of the Cutchogue Cemetery
Association;
Along said land North 42 degrees 44 minutes 00 seconds West, 913.54 feet to the true point or
place of beginning.
THENCE still along land now or formerly of the CUlchogue Cemetery Association the following
two (2) courses and distances:
North 42 degrees 44 minutes 00 seconds Wesl, 479.88 feetj
North 43 degrees 13 minutes 20 seconds West, 288.46 feet to a point;
THENCE North 46 degrees 36 minutes 04 seconds East, 512.32 feet to land now or formerly of
Starkic;
THENCE South 43 degrees 24 minutes 10 seconds East, 740.92 feet to land now or formerly of
Subdivision - "S.H. Frieman and others";
THENCE along said land the following two (2) courses and distanc:es:
TOGETHER with all rigilt, tide and iDte~SI of tile party of the first pan, in and to the land lying
in the street in front of and adjoining said p~mises.
.
South 5 I degrees 21 minutes 50 seconds West, 132.00 feci;
South 43 degrees 24 minutes 10 seconcIs East, 42.56 feet to a point;
THENCE South 47 degrees 16 minutes 00 seconds West, 387.32 feel to land now or formerly of
CUlChogue Cemetery Association, the point or place of BEGINNING.
TOGETHER with all right, title and interest DC the party oC the tint part, in and to the land lying
in the stRiet in front oC and adjoining said. premises.
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 benefldal
and has requested Grantor, tor Itself and Its successors and assigns, to grant
a Development Rights Easement to Grantee In order to restrIct the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideratIon of TWO HUNDRED AND TWO
THOUSAND-SIX HUNDRED AND NINETY-NINE ($202,699.00) DOLLARS 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 "AN 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, tor 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 15 a
municipal corporation organized and existing under the laws of the State of
New York State and Is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 puroose
The parties recognize the environmental, natural, scenic or 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 Recoonltlon
New York State has recognized the Importance of private efforts to
preserve rural land In a scenic, natural, and open condition through
conservation restrictions by enactment of Environmental Conservation Law,
Article 49-0301, et. seq. and 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. Grantor has made available to Grantee sufficient
documentation to establish the condItion of the Property at the tIme of the
delivery of thIs Development Rights 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 had
prepared, with Grantor's cooperation, a survey dated October 28, 2003, '.."UL
prepared by Peconic Surveyors and a Phase 1 Environmental Site nl,,/.~.
Assessment, dated November 14, 2003 prepared by Nelson, Pope III 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 anything other than
agricultural production as that term is presently referenced In Section 247 of
the New York General Municipal Law and/or defined In Chapter 25 of the
Town Code of the Town of Southold.
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 entitles.
ARTICLE TWO
~
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
Except as provided In Sectlon(s) 4.06, the construction or placement
of residential, commercial, industrial or other buildings, structures, or
Improvements of any kind or nature (including, but not limited to mobile
homes), permanent or temporary, on, over, or under the Property, shall be
prohibited. Structures and Improvements, including, but not limited to,
driveways and other structures permitted In Section(s) 4.06 hereof, shall not
be erected on, over, or under the Property without the prior written approval
of the Grantee, as may be required by the Town of South old now, or as it
may be amended. Approval may be granted only If the structure does not
defeat or derogate from the purpose of this Easement or other applicable
law. 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 berms, driveways or walkways.
3.02 Excavation and Removal of Materials: Minlno
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and Improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soli management, without
the prior written consent of Grantee.
3.03 Subdivision
~
The Property may not be further subdivided pursuant to Town
Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as
they may be amended, or any other applicable State or local law.
.Subdlvlslon" 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 Dumolne
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 and compostlng.
3.05 Slens
The display of sIgns, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not signIficantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatery requirements of the Town.
3.06 Landscaoina Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04.
3.07 Utilities
The creation or placement of overhead utility transmissIon lines, utility
poles, wires, pIpes, wells or drainage and septic systems on the Property
shall be prohibited without the prior written consent of the Grantee. Utilities
must, to the extent possible, be constructed within 30 feet ef the centerline
of roads or driveways, and may be used solely to service the permitted
structures.
3.08 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or Industrial use shall be prohibited. For the purposes of thIs
section, agricultural production, including but not limited to the raising of
crops, livestock and livestock products, as the term Is presently referenced
In Section 247 of the General MunicIpal Law and/or defined In Chapter 25 of
the Town Code shall not be considered a commercIal use.
3.09 5011 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
,
agrochemlcals such as fertilizers, pesticides, herbicides, and fungicides) that
are In accordance with sound agricultural management practices of the US
Department of Agriculture's National Resource Conservation Service.
3.10 Dralnaoe
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service the permitted structures. The use of the
Property tor a drainage basin or sump shall be prohibited, except In
accordance with sound agricultural management practices and In order to
control flooding or soli erosion on the Property.
3.11 Develooment Rlohts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace existing structures as
such right 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 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 Landscaolno Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged.
4.05 Aarlcultural 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, proVided that such
activity shall be conducted In accordance with the purposes of this
Easement.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain structures and improvements on the Property set forth below, with
the prior written approval of Grantee, ,and with such further approval as
may be required by the Town Code and which approval shall not be
unreasonably withheld provided the structure or Improvement does not
defeat or derogate from the purpose of this Easement or other applicable
laws:
(i) Access drives, to provide access to the Improvements permitted
by this Section 4.06; a foot trail for non-motorized vehicles for
foot traffic only for the sole use of the future owners, tenants,
occupants and Invltees; and
(II) Underground facilities normally used to supply utilities and
control storm water runoff from the Improvements permitted
under the terms of this paragraph A and B.
(III) Fences, If placed so as not to block or detract from the scenic
view.
B. Replacement of Improvements: In the event of damage resulting from
casualty loss to an extent which renders repair of any existing Improvements
impractlcal, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted In kind and within the
same general location subject to the review and written approval of Grantee,
pursuant to applicable provisions of the Town Code.
C. Environmental Sensitivity During Construction: The use and location of
any Improvement permitted hereunder shall be consistent with the purposes
Intended herein, and construction of any such Improvement shall minimize
disturbances to the environment. Grantor shall employ erosion and
sediment control measures to mitigate any storm water runoff, Including but
not limited to minimal removal of vegetation, minimal movement of earth
and minimal clearance of access routes for construction vehicles.
4.07 Notice
Grantor shall notify Grantee, In writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This Includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, If
applicable.
This notice Is In addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Allenabllltv
Grantor shall have the right to convey, mortgage or lease all of I~
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 speclflcally set forth that the
Interest thereby conveyed Is subject to this Easement, wIthout modlflcatlon
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 OBUGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, IncludIng any taxes or levies imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or Interests acquired herein by Grantee.
5.02 Indemnlflcatlon
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of Its officers, employees, agents or Independent contractors arisIng
from the physical maintenance or conditIon of the Property or from any
taxes, levies or assessments upon It or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third PartY Claims
Grantor shall Indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of Its
officers, employees, agents or Independent contractors resultIng: (a) from
Injury to persons or damages to property arising from any activity on the
Property, except those due solely to the acts of the Grantee, Its officers,
employees, agents, or independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rIghts under thIs easement, exceptIng any of those matters
arising solely from the acts of Grantee, its officers, employees, agents, or
Independent contractors.
5.04 Annual Mowlno Reoulrement
In the event Grantor seeks to leave the Property open and fallow, and
not perform or use the Property for agricultural production, then Grantor
hereby agrees to mow the Property on an annual basis at least once durIng
the growing season so as to prevent successIonal field growth to
predominate. In the event Grantor fails to comply with the provisions of this
section after 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 mowing.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and Insoectlon
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 purposes, except as provided In Section 5.04 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, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant Injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Riohts 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 open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To Institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent Injunction,
(II) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(III) To seek or enforce such 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.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses Incurred by
Grantee (herein called "Legal Expenses") In connection with any proceedings
under this Section.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mall, return receipt requested, or by certified
mall, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice In accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice In accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of Its manual
delivery or the date of Its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay In exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinaulshment
This Easement gives rise to a property right and Interest Immediately
vested In the Grantee. For purposes of this Section 6.06, the fair' market
value of such right and interest shall be equal to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, is hereinafter referred to as the
"Proportionate Share"). In the event a material and potentially
unforeseeable change In the conditions surrounding the Property makes
Impossible Its continued use for the purposes contemplated hereby, resulting
In an extinguishment of this Easement by a judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair
market value of the Property at such time. In the event of a sale by Grantor
to an unrelated person subsequent to such extinguishment, or a transfer
made on account of the exercise of the power of eminent domain, the sale
price or condemnation award shall establish fair market value. Absent such
a sale, the Property's fair market value shall be established by Independent
appraisal.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandina
. '.
This Easement contains the entire understanding between Its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Easement can be modified In accordance with the common and
statutory law of the State of New Yorl< applicable to the modification of
easements and covenants running with the land and according to other
applicable provisions of State Law and the consent of the parties hereto.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except upon the adoption of a local law authorizing the alienation of said
rtghts and Interest, by a majority plus one vote of the Town Board of the
Town of Southold, following a public heartng and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of said Code shall alter the
limitations placed upon the alienation of those property rtghts or Interests
which were acquired by the Town prior to any such amendment.
7.03 Severabllltv
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.
7.04 Governlno 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.
7.05 InterDretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed In favor of one of the parties because It was
drafted by the other party's attorney. No alleged ambiguity In this Easement
shall be construed against the party whose attorney drafted It. If any
provision of this Easement Is ambiguous or shall be SUbject to two or more
Interpretations, one of which would render that provision Invalid, then that
provision shall be given such Interpretation as would render It valid and be
consistent with the purposes of this Easement. Any rule of strtct 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.
7.06 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 Recordlna
Grantee shall record this Easement In the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.9 Headlnas
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.
BY:
NO ACCEPTED:
J
~
ACKNOWLEDGED AND ACCEPTED:
TOWN rUTHOLD(Grantee> _'
BY: ~~
Aoshua Y. Ho on
SupervIsor
STATE OF NEW YORK}
COUNTY OF SUFFOLK) SS:
,.,.
On this ~ day of 5',,'( In the year 2004 before me, the
undersigned, personally appeared JOHN G. SCOTT, III, 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(les}, and that by his/her/their slgnature(s) on the Instrument, the
Indlvidual(s}, or the person upon behalf of which the Indlvldual(s) acted,
executed the Instrument.
fd~
Notary Public
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this ;7~"";;ay of 56"'; in the year 2004 before me, the
undersigned, personally appeared SANDRA J. MEYER, personally known to
me or proved to me on the basis of satisfactory evidence to be the
Indlvldual(s) whose name(s) Is (are) subscribed to the within Instrument and
acknowledged to me that he/she/they executed the same In his/her/their
capacity(ies}, and that by his/her/their slgnature(s) on the Instrument, the
Indlvldual(s), or the person upon behalf of which the Indlvldual(s) acted,
executed the Instrument.
nrI!IllTAVRJNOS
-,_..._ofN__
MO. OISU09l56li
~~."'~m."
-
'l~ ~~
Notary Public
-
PIlrI!IlITAVRINQI
~l'lIb1Io,S_"'N_v.t
NO.OIST_
QooIified fa N
. . ,,-,-'" CoomIy
.......,.:.- "-'-15, 2007
STATE OF NEW YORK }
COUNTY OF SUFFOLK }
On the ~y of .5 GilT. , 2004, before me personally
appeared JOSHUA Y. HORTON, personally known to me or provided 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 as Supervisor of the TOWN OF
SOUTHOLD; that he knows the seal of said municipal corporation; that the
seal affixed to said Instrument Is such corporate seal; and that by his
signature on the Instrument, the Individual, or the municipal corporation
upon behalf of which the IndiVidual acted, executed the instrument and
affixed the seal thereto by like order.
t'
}ss:
C: /Anne/Town of Southold D....lopment Rights/SCOtt DIIV1Ilopment Rights .......ent Fine'
Ve..lon .21 .
1.d- .AfK
~
PIITI!a STAVIIINOS
.-"I'IIbNO.'''' -- oIN_ 1'-11:
OIST_ll6
QaoIiw Ia _ t'0IlIIIy
. . IiIpiroo ~ 15, 2007
-
,
.,.~_.
[i2
3
:-. I
1
RECORDED
2004 Oct 04 11.13.44 All
EdwIlrd P. Raul...
a.ERIC OF
SUFFllLJ( COUH1V
L ??oo12347
P 003
011 04-()9787'
Number or pIlICS
TORRENS
Serial'
CertincalC N
I'rior Of. ,
Deed / Morl_ In,.rumenl
Deed / Monpgc Tax SllImp
FEES
Roc:ordillll/ Filinll Slamps
4
.'oll" / Filing Fee
51
".
b
".
~
,
Monsoae Am..
I. Basic Tax
-
Handling
TP-SB4
2. Addi.I"",,1 TOle
NOIa.ion
EA-S2 17 ~untJh
EA-S217 (Sla.~
S
YJ5 ..
~~
Sub Tolal
1olo-
Sub ,.....,
l
Real Properly Tax Service Agency Verifica.ion
... -
-....
SJlCC1^,",il.
Or
Ilpo:c:./Add.
TOT. MTG. TAX
Dual Town Dual Cuun.y_
lleld fur Apportionment _
Tmnsf.r TOle -e--
Mansion 'I'all(
'Ibe prupeny cuvcred by Ihi, morlPII' is or
will b. Improv.d by. one or two f.mily
dwelling only.
YES OINO_
If NO. see appropri.l. "'" claus. on PIIII"'
___ oflbis iDStrumenL
R.P.T.5.A.
Comm.ofl:d.
S <KL-
A/lidavjt
CL'ltilicd Copy
Reg. Copy
Other
/5 -
5ubToIal
145 -
I q 1-
GRAND TOTAL
Initials
~1815 1000 09600 0500 014000
~=~
s
-0-
.... .1.
Community Pres
". 4 Consider.tion Am
CI:I'" 'rax Due
ion Fund
S1amp
DDte
VacRnt Land X
7
S.tisf.ctionslDischargcslRcl..... List Pn,perly Owners M.iling Add
RtK"ORD'" RETURN TO:
/nV
LISA GLARE KOHBRINK. ESQ.
23.5 HAMPTON ROAD
SOUTHAMPTON NY 11968
TO
TO
TO
9
8 Title Company Information
Co. Name Stowart Title IDsurance Co an
Tit.e it 23-8-3.563
Suffolk Count Recordin &. Endorsement Pa
TO
DEVELOPMEllT RIGHTS EASEMI!NT
(SPEQFY TYPE OF INSIRUMI!NT ) ( ~
The premi..... herein is situated in '-:
SUFFOLK COUNIY. NEW YORK..
In the To\WlShip of. Southold
In the VIllAGE
or~ETor Cutchogue
made by:
1ms JlIIIlC forms part of the uUached GRAIIT 01'
Sandra J. Heyer f/k/a Sandra J. Scott
'.
And Inhn G. g~D~~. TTT
TOWN OF SOUTHOLD
BOXES 5 nlRu 9 MUS" 8E TYPED OR PRINrEO IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
lOVER)
I111I1I1111111111 H"IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~
1111111111111111111111111
StJPPOLIC COtniTY CLBRIC
RECORDS Oll'l'ICB
RECORDING PAGB
Type of Instrument: DIBDS/DDD
Humber of Pages: 17
Receipt NUmber : 04-0109706
TRAHSll'ER TAX NUMBER: 04-09787
Recorded:
At:
10/04/2004
11:13:44 AM
LIBBR:
PAGB:
D00012347
003
District:
1000
Section: Block:
096.00 05.00
'll!YI\IIIHED A!Q) CHARGlBD AS FOLLOWS
$202,699.00
Lot:
014.000
Deed Amount:
Received the Following Pees Por Above Instrument
Bxempt
NO
NO
NO
NO
NO
NO
Page/Piling
COB
BA-C'l'Y
TP-584
RPT
Transfer tax
$51.00
$5.00
$5.00
$5.00
$30.00
$0.00
Handling
HYS SRCHGI
IA-STATB
Cert.Copi..
SCTII
CoIIIm.Pres
Fe.. Paid
$5.00
$15.00
$75.00
$0.00
$0.00
$0.00
$191.00
Exempt
NO
NO
NO
NO
NO
NO
TRANSfER TAX NCMBBR: 04-09787
THIS PAGlI IS A PART 01' TO IHSTRtDIDT
THIS IS NOT A BILL
Idward P.Romaine
County Clerk; Suffolk County
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
. INSTRUeTIONS: http://www.orps.slale.ny.us or PHONE (518) 473-7222
FOR COUNTY ~JS~ ONLY
C1. SWIS Code
II! , 1,.3, e, -g, ql
I / is 1 L-( 10'11
~th Oay YBlIr
, (I CA. ....1,17, f) ,.3,
C2. Date Deed Recorded
C3 Book I I , <?..J , '-/
PROPERTY INFORMATION
1.Properfyln!o 31025
Location STREET NUMBER
Main Road
STREETNAMl:
SOl1t:hold
ClTYOATOINN
2. Buy.r
Nam.
Town of Southold
LAST NAME I COMPAI(Y
lAST NAME I COMPANV
3. Tex Indicate whel'll future Tax Billa are to be sent
Billing if other than buyer address (at bottom of form) I
Add_
Mever
LAST NAME I COMP""''''
P. O. Box 1168
STAEET NUMBEA AND STM:ET NAME
4. IndlC8te the number of Aue.ment
Roll parcels tnmd.lTkl on the deed
*
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STAlE BOARD OF REAL PROPeRTY $inVICES
RP - 5217
RP-5U1 Kn JI'n
Cutcho2:ue
VIU.....OE
11935
ZIP CODE
FIFlSTNAMIIl
fiRST NAME.
Sandra J.
FlllSTNAME
Cutchogue
CITY 011 TOWN
111935
"."""
I , of Percels OR [!J Part of II Parcel
INY
m~
5. D..d
"'operty
Size
Ixl
DEPTH
lOR I
FRONT FEET
6. Seller
Name
I Meyer f/k/a Scott
lAST NAME I COMPANY
I Scott, III
lAST NAME I COMPANV
~~,
9.0 0 I
10nly If hrt 0' a hrceIl Checlc II they ~Iy:
4A. P1lnning Board with Subdivision Authority Exists D
48. Subdivision Approvll was Required for Tr'lnsfer D
4C. Parcel Approved for Sl.lbdivilion with Map Provided 0
Sandra J.
FI~STNAME
John G.
7. Check the box below which most aCClMately dlscribes thl UII of ttMl proPlrty at the timl 01 ....:
FIASTNAME
,2,02,6 ,9',9,0,01
I I .
(Full Sale Price is the IOtalamount paid for the property including personal property.
This payment may be in the form of cash, oth"r property or goods, or the assumption of
mort~g"lI or other obligations.) Plllss. round to the "fIa'lIst whole dollsr IImount.
A~ One Family Residential
B 20r3FamilyResidential
C ResidentiBIVacilnt Land
D Non-Relliclential Vilcant Land
I SALE INFORMATION I
11. Sail Cont...ct Date
E~Agrlcultural
F Commercial
G Apartment
H Entertainment I Aml.lsement
10 1 16
Month Day
1 03
Vow
12. O.te of Sail I T...nsfer
09
Moo,.
1 23
OOy
13. FullS-Ie PrICl!l
J ~ Community Service
J Industrial
K PublicSIOlrvice
L Forest
Chlc:k the box.. balow .. they apply:
8. Ownership Type Is Condominium
9. New Construalion on Vacllnt Land
10A. Propllrty located within an Agricultural DIstrict
108. Buyer received a disclOSlJre noticl indlcarlng
thllthe property is in an Agricl.lltural Dlllriat
o
o
o
o
04
15. Chlc:k _ 01" more of ~ conditions as appbble 10 ,.....,..:
Sale Between Relatives or Former Relatives
S.le Between Related Companies or Partners in Businlss
Onl of the SIlYers il also a Seller
BuyGf or Siller is Government Agency or Lending Institl.ltioll
Deed Type not Warranty or Bargain and Sale (Specify Below)
5ele of Fractional or Lass than Fee Interest ISp$Cify Below)
Significant Change in Property Between TaKable Status and Sate Dates
Sale of Business is Included in Sala Price
Other Unusual Factors Affecting 5ele Price (Specify Below)
No~
Vw
Development Ri~hts Easement
14.1ndiClte~y.luaofpersonal I O. 0 I
property mcludlld In 1hIsala ,.
ASSESSMENT INFORMATION. Data should reflect the latest Final Assessment Roll and Tax Bill
18. Property Class
I 1 , 2 , 0 I-U 19. Sohool Di$trict Name I
18. V,aJ of AsMssment Roll from L!L.....lLJ 17_ Total An_d Value lof an parc:els in transfer,l
which Information taken
,
Mattituck-Cutchogue UFSD
10600
I
20. Tax Map ldentifl~s" Rollldentilier(l) tH more than four, ilttach ehlet with additional k1entffier(tll
I 1000-102.00-02.00-p/o 023.004
I
I CERTIFICATION
1 certify dUlt all of the Items of information entered on this fonn are true ami correct (to the best of my knowledge and beIid) wadi understand that the makina
of any willful false statement of material fad herein \tiD 5Ubjed me to the Drovisions of the oenallaw rdativt to the ma~ and f1IiDa: of I'aIse Inslrument~.
BUYER BUYER'S ATTORNEY
9/23/04
M~
53095
I Main Road - P.O.Box 1179
STflEEJNAMEI""""!flSALEI
STl\i;ETNI.lMIU
Southold
ctTY OR TOWN
NY
11971
SJATe
ZlI'CODE
JJ~
SELLER
9/23/04
Mn
Scott
SELLER SIGNATURE
Sandra J. Meyer
Kombrink
lAST NAME
Lisa Clare
~I~NAME
631
287-3939
~~"""
TliLEPHONENUMlEfI
NEW YORK STATE
COPY