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HomeMy WebLinkAboutL 11890 P 967 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the 30th day of June, 1997 at Southold, New York. The parties are the TOWN OF SOUTHOLD, having its principal office at 53095 Main Rd. (R.O. Box 1179), Southold, New York 11971 (herein called the "Grantor"), and the PECONIC LAND TRUST INCORPORATED. a not-for-profit New York Corporation, having a principalo�fioe at amp on Road (P.O. Box 2088), Southampton, New York 11968 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York hereinafter more fully described in Schedule A attached hereto, further described as part of Suffolk County Tax Map Parcel Number 1000- 116-1-3, and hereinafter referred to as the "Property"; and WHEREAS, the Grantor acquired the "Property" as part of a joint publiclprivate conservation effort including the Grantor's 51 acre parcel, a 15-acre wooded parcel immediately adjacent to the south of the Grantor's Property and a 39-acre agricultural parcel immediately adjacent to the west of the Grantor's Property; and WHEREAS, the Grantor's Property is part of a 25 acre area that was nominated as a National Landmark as defined by the United States Department of the Interior and is on record with the United States Department of the Interior, National Park Service, and is in the National Register of Historic Places; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 51-acre parcel of Property so that a portion of the Property (hereinafter referred to as the "Fort Area"), comprising 22.9602 acres of the Property, more fully described in Schedule B attached hereto) shall remain in its archaeologically valuable, undeveloped and undisturbed state. Another portion of the Property consisting of 19.5292 acres of the Property (hereinafter referred to as the "Access Area", more fully described in Schedule C attached hereto) shall remain in Its open, natural and scenic state, and the remainder of the Property (hereinafter referred to as the "Interpretive Center Area", comprising 8.5106 acres of the Property, more fully described in Schedule D attached hereto), may be further developed with an Interpretive Center/Management Center for the Property, with appurtenant improvements, as shown in Exhibit A; and WHEREAS, the Grantor intends to restrict the Property against any residential, commercial, or industrial use and to limit the use of the Property generally for research, educational, and public access purposes. WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, Town Law 64 (17-a) authorizes the Town Board to preserve and protect historic areas and General Municipal Law 2477 authorizes a town to acquire and preserve open space; and WHEREAS, the Town of Southold has decided that these goals are best served by the creation of a conservation easement which will ensure that the open space and archaeological elements of this site are both protected and effectively utilized by the Town of Southold in perpetuity; and WHEREAS, the Town of Southold determined that the creation of this conservation easement provides substantial public benefit to the Town, and thus is not a gift under article VIII, 1 of the New York Constitution, and WHEREAS, the Town of Southold acquired the Property pursuant to its Open Space Preservation Program with Open Space Bond proceeds and grant funds from the New York State Office of Parks, Recreation and Historic Preservation known as EPF Project #546059 - Fort Corchaug; and 1 r • • WHEREAS,the Property in its present open space condition has substantial and significant value as a historic, archaeologically important resource by reason of the fact that it has been Identified as Fort Corchaug and is, therefore, on the National Register of Historic Places,and has not been subject to any development. NOW,THEREFORE: 0.01 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.02 Purpose The parties recognize the environmental, archaeological, and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its archaeological value and natural open space character in perpetuity 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 Stale and local conservation policies. 0.03 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of a Nationally nominated Historic Place possessing archaeologically valuable land as well as natural habitat land that should be protected and maintained as a preserve. , 0.04 Documentation The Grantee acknowledges by acceptance of this Easement that the existing uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, archaelogical, wildlife, watershed, scenic, and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes,but need not be limited to, a conservation easement map as shown in Exhibit A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.05 Recitation In consideration of the previously recited facts, mutual promises, undertakings and " forbearances contained in this Easement, the parties agree upon Its provisions, intending to be 1 bound by it. 2 ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys a Conservation Easement(herein called the'Easement'). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this 'Easement' or its "Provisions' in this Deed 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 The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement 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. 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 GRANT AND ACCEPTANCE GRANTOR hereby voluntarily and irrevocably 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 and all future owners, tenants,occupants, assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS ON THE PROPERTY 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 The construction or placement of residential, commercial, industrial or other buildings or structures of any kind or nature, permanent or temporary, on, over or under the Property except as permitted in Section 4.05. 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Fort Area, except as may^be1TKCessaryto undertake further archaeological research and study of the fort site as allowed in Section 4.05. The removal of topsoil, sand, or other materials shall not take place on the Property, nor shall the topography of the Property be changed without the prior written consent of the Grantee except to undertake further archaeological research and study of the fort site. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee. I 3.04 Dumoina The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property except for the accumulation of material related to the archaeological research and excavation that may take place on site. Any such accumulation must be deposited in a pre-determined location and 3 f disposed of within a reasonable period of time as determined by the Town of Southold and Grantee. 3.05 Slons The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name and historical value of the Property, including interpretive signs and signs announcing New York Slate and other municipal grants or contributions, b) to post the Property to control unauthorized entry or use, c)to announce the Grantee's conservation easement. Any such signs that require lighting will be externally illuminated only. 3.06 Cuttina of Timber The clearing, cutting or harvesting of timber or woodland on the Property except for the following purposes: a) to clear and restore forest cover that has been damaged or disturbed by forces of nature or otherwise, b) to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement,as determined by the Grantee in its sole discretion, c) provide access to the fort site, d) to excavate the fort site and surrounding archaeological area and e) the improvements allowed in Section 4.05. All of the above must be conducted with prior written notice to the Grantee. 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 except with the Grantee's prior written consent or as otherwise permitted herein. Lighting will be permitted only to the extent necessary for security, and public safety purposes related to the Fort Area and Interpretive Center. 3.09 Uses The use of the Property for any residential, commercial, industrial use or purpose of any kind or nature except as permitted in Section 4.03. ARTICLE FOUR GRANTOR'S RESERVED RIGHTS ON THE PROPERTY 4.01 Ownership Subject to this Easement, 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, and federal law,which will not defeat or derogate from the purposes of this Easement. Grantee recognizes that Grantor has acquired the Property so that the Property will be available for public access for the uses and purposes set forth herein. This Easement is not intended to affect, limit di restrict Grantor's right to use the Property for such public purposes. This Easement shall not be interpreted or construed in a manner contrary to or inconsistent with the foregoing. The purposes for which this Property may be used are archaeological research, natural resource education, ecological, biological and historical study. Consistent with these purposes, the following acts, uses and practices shall be permitted upon or within the Property and designated areas as follows: 4 I A. Fort Area - Reserved for general open space, preservation of natural habitat and research and educational purposes related to the archaeological resources on site with the written permission of the Town of Southold in its sole discretion. B. Access Area- Reserved for nature traits and pedestrian access to Downs Creek. C. Interpretive Center/Management Center Area - Reserved for museum, interpretive, educational and archaeological uses,as well as a parking and staging area for activities on the site. Theareamay also contain a residential caretaker use, as well as storage of equipment needed for site maintenance. 4 04 Landscanina Activities Except as otherwise restricted by this Easement, Grantor shall have the right to conduct landscaping activities necessary to the uses and improvements intended in Article Four, including, without limitation, restoration of natural vegetation, pruning and ground; maintenance on the Property. Grantor shall have the right to conduct natural habitat restorations consistent with Section 4.03C above. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead,diseased,dangerously decayed or damaged on the Property with written notice to the Grantee. 4 05 Structures and Improvements Grantor shall have the right to maintain and improve the existing, habitable building and make Aditional improvements on the Property as contemplated in this Section 4.05. Any expansion of the existing structure or construction of new structures, facilities and improvements shall relate to the uses intended in Section 4.03 above and shall be consistent with the purposes of this easement. This shall not be construed to permit recreational fields or arenas and associated structures. More specifically, structures and improvements shall be permitted in each designated area as follows: Area A - 'Fort Area" Grantor shall have the right to construct and maintain the following non-residential improvements on the Fort Area which are necessary to and consistent with the uses outlined above. (i) Non-Permanent storage structures near the fort site for use related to archaeological activities that may take place on the Property as required pursuant to reasonable archaeological practices. Such structures shall not have concrete foundations; and (ii) Other temporary sheds and tents near the fort site for use related to archaeological activities that may take place on the Property; and (i i i) Unimproved Access Drives to provide access to the archaeological fort site and other archaeological areas; and (iv) Fences only for use in protecting archaeological resources and constructed so as not to substantially interfere with wildlife use of the Property. Area B - 'Access Area" (f) Unpaved hiking trails, cleared in a manner sensitive to the environmental resources; and. (ii) Structures related to the hiking trails, including but not limited to fences, ! interpretive signs, boardwalks, etc., constructed so as not to obstruct wildlife movement;and (iii) Unimproved Access Drives to provide access to the archaeological fort site and other archaeological areas. 5 Area C - "Interpretive Center/Management Area' (1) Grantor shall have the right to maintain, improve, renovate and reconstruct one (1) Single Family residential structure for on-site management purposes and/or educational staff; and (it) Grantor shall have the right to construct, maintain, improve, renovate and reconstruct other non-residential and non- commercial structures for the uses as intended in Section 4.03C above; and (iii) Unimproved Access Drives, to provide access to the'Access Area' and the'Fort Area"; and (iv) Underground facilities normally used in connection with supplying utilities. Any underground utilities must, to the extent possible, be constructed within 30 feet of the center line of access drives, and may be used primarily to service the educational/research activities; and (v) An unpaved parking area and unpaved roadways and driveways to service the parking area; and (vi) Unpaved hiking trails, cleared in a manner sensitive to the environmental resources; and (vii) Structures related to the interpretive center and hiking trails Including but not limited to fences, interpretive signs, boardwalks, etc. provided same do not obstruct wildlife movement. 4.06 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 conservation purposes 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 architectural plans of any proposed structures _ which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.07 Alienability Grantor shall have the right to convey all or any part 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 names and mailing addresses of all Grantees, 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. . ARTICLE FIVE GRANTORS OBLIGATIONS ! 5.01 Taxes and Assessments If at any time, the owner of the Property shall not be a governmental entity or a tax i exempt entity, such owner shall then 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. If such owner fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to owner, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid 6 would have become, and shall bear interest until paid by owner at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees,judgments or expenses to Grantee or any �(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, attorney's 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. ARTICLE SIX GRANTEES RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the 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 as provided in Section 6.03, nor 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 the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the 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 the Property resulting from such causes. 6.03 Enforcement Rights 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 thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (t)to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (if) 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 on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, 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 7 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 reimburs -,ent to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by .antes (herein called 'legal expenses') in connection with any proceedings under this Section. 6.04 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 at any other time. 6.05 Assionability Grantee may assign any and all of its rights and responsibilities under this Easement with the consent of the Grantor, which consent may not be unreasonably withheld. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If,on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinauishment In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, then the extinguishment of this easement must be established by judicial proceeding. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority other than the Grantor, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the laking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEM t MISCELLANEOUS 3 7.01 Entire Understandinc 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 only in accordance with the common and + 8 I 1. statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end. Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the purposes of this Easement set forth in herein. 7.03 Severability 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 which 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 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal - Service. Mailed notice must be contained in an accurately addressed, sealed envelope,marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt 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 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, Interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by parties. Any rule of strict construction designed to limit the breadth of .the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. ' 7.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the j County of Suffolk,State of New York. 7.09 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 9 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and - received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPT M. TOWN OF SOUTHO�LID(Grantor) BY:�� k') 0.nc�.�M� Jean Cochran Supervisor ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST(Grantee) BY: e Jo n v.H. Halsey resident .. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: y On this�y'day of June, 1997, before r9 pef�oQ{1S llyry al Jean Cochran,who, being b me dui sworn, said that she resides at .l7vis 5't.a f v r..'Mal a New York, 1191/,and that she is the Supervisor of the TOWN OF SOUTHOLD,the Grantor mentioned and described in and which acknowledged and accepted all the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that she signed her name thereto by authority of the Board of Trustees of the said Municipal Corporation. Notary Public PATRICIA L FALLON Notary Pubt,C Slate of New Yak No 49AO146 Qualified in Sultolk County yrt 9 Commas.on Expires April 24./ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this 0—day of June, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path,Town of Southampton, New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein;and that he signed his name thereto by authority of the Board of Directors of the said Corporation. Notary Public PATRICIA L FALLON Notary Public Slate of Naw York No 1950146 Qualified in Suffolk County n Commission Expires April 24, /y99 I Schedule A: Mates and Bounds Description of the Property. Schedule B: Metes and Bounds Description of the Fort Area. Schedule C: Metes and Bounds Description of the Access Area. Schedule D: Metes and Bounds Description of the Interpretive Center/Management Area. Exhibit A: Conservation Easement Map. 10 Schedule A :. The Property May 29, 1997 Surveyors Description - Parcel to be Conveyed to the Town of Southold at Cutchogue, Town of Southold, Suffolk County, New York S.C.T.M. No.: 1000-116-1-P/03 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING'at a point on the southerly side of Main Road (N.Y.S. Rte 25), said point being the intersection of the southerly side of Main Road (N.Y.S. Rte 25)with the westerly line of land now or formerly William Jimenez and said point being situate 1419.76 feet westerly as measured along the southerly side of Main Road (N.Y.S. Rte 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte 25)with the westerly side of Linden Avenue; RUNNING thence from said point of beginning along the westerly and southerly line of land now or formerly William Jimenez the following two (2) courses and distances: 1. South 16 deg. 11 min. 14 sec. East 146.16 feet, 2. North 75 deg. 03 min. 56 sec. East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of Subdivision - °Map of Country Club Estates"filed in the Office of the Clerk of Suffolk County as File Number 6737; RUNNING thence along the approximate centerline of Downs Creek and along Lot 30, and along land designated as Marsh Area on Subdivision -"Map of Country Club Estates" the following twenty nine (29) tie-line courses and distances: 1. South 01 deg. 54 min. 14 sec. East 38.99 feet, 2. South 24 deg. 52 min. 56 sec, West 17.05 feet, 3. South 28 deg. 48 min. 16 sec. West 105.00 feet, 4. South 16 deg. 57 min. 26 sec. West 40.01 feet, 5. South 00 deg. 15 min. 54 sec. East 69.14 feet, 6. South 15 deg. 03 min. 36 sec. West 58.93 feet, 7. South 33 deg. 40 min. 54 sec. East 86.84 feet, 8. South 38 deg. 26 min. 34 sec. East 82.01 feet, 9. South 00 deg. 28 min. 44 sec. East 31.91 feet, 10. South 16 deg. 39 min. 56 sec. West 64.33 feet, 11. South 14 deg. 14 min. 16 sec. West 137.89 feet, 12. South 00 deg. 20 min. 26 sec. West 149.20 feet, 13. South 03 deg. 36 min. 24 sec. East 93.42 feet, 14. South 64 deg. 26 min. 34 sec. East 26.51 feet, 15. South 03 deg. 30 min. 56 sec. West 192.18 feet, 16. South 14 deg. 23 min. 36 sec. West 122.47 feet, 17. South 05 deg. 11 min. 14 sec. East • 28.46 feet, 18. South 37 deg. 58 min. 26 sec. West 26.44 feet, 19. South 69 deg. 04 min. 46 sec. West 24.55 feet, 20. South 07 deg. 29 min. 04 sec. East 68.97 feet, 21. South 88 deg. 51 min..44 sec. East 42.40 feet, 22. South 37 deg. 23 min. 24 sec. East 31.85 feet, 23. South 32 deg. 36 min. 56 sec. West 110.72 feet, 24. South 36 deg. 46 min. 24 sec. East 31.05 feet, Schedule A (continued) Page 2 May 28, 1997 25. South 80 deg. 24 min. 34 sec. East 45.53 feet, 26. North 37 deg. 40 min. 56 sec. East 51.88 feet, 27. South 67 deg. 00 min. 24 sec. East 32.23 feet, 28. South 30 deg. 11 min. 06 sec. West 82.39 feet, 29. South 00 deg. 26 min. 26 sec. West 74.47 feet to land now or formerly North Fork Country Club; RUNNING thence along the approximate High Water Mark of Downs Creek the following twenty two (22) tie-line courses and distances: 1. South 69 deg. 59 min. 32 sec. West 69.92 feet, 2. North,38 deg. 45 min. 36 sec. West 49.53 feet, 3. South 61 deg. 11 min. 28 sec. West 80.19 feet, 4. South 00 deg. 38 min. 14 sec. East 83.10 feet, 5. South 34 deg. 46 min. 35 sec. West 87.65 feet, 6. South 00 deg. 00 min. 33 sec. East 40.37 feet, 7. South 33 deg. 42 min. 05 sec. East 103.20 feet, 8. South 25 deg. 35 min. 39 sec. West 52.73 feet, 9. South 66 deg. 31 min. 07 sec. West 113.81 feet, 10. South 03 deg. 12 min. 11 sec. West 95.73 feet, 11. South 03 deg.49 min. 31 sec. West 47.36 feet, 12. North 29 deg. 21 min. 15 sec. East 35.41 feet, 13. South 85 deg. 26 min. 16 sec. East 20.48 feet, 14. South 69 deg. 15 min. 28 sec. East 81.98 feet, 15. South 49 deg. 12 min. 43 sec. East 32.59 feet, 16. South 01 deg: 32 min. 05 sec. East 89.72 feet, 17. South 18 deg. 57 min. 45 sec. West 199.95 feet, 18. South 33 deg. 35 min. 15 sec. West 279.92 feet, 19. South 02 deg. 43 min. 21 sec. East 98.15 feet, 20. South 03 deg. 42 min. 44 sec. West 88.31 feet, 21. South 08 deg. 30 min. 13 sec. West 32.38 feet, 22. South 70 deg. 11 min. 06 sec. East 45.60 feet to Lot 1, Minor Subdivision "Peconic Land Trust"; RUNNING thence South 84 deg. 00 min. 04 sec. West along Lot 1, Minor Subdivision "Peconic Land Trust" a distance of 833.74 feet to Lot 2, Minor Subdivision "Peconic Land Trust"; RUNNING thence along Lot 2, Minor Subdivision "Peconic Land Trust'the following seven (7) courses and distances: 1. North 11 deg. 44 min. 34 sec. East 27.01 feet, 2. North 08 deg. 44 min. 58 sec. West 384.17 feet, 3. North 12 deg. 17 min. 18 sec. East 1160.92 feet, 4. North 60 deg. 40 min. 52 sec. East 236.81 feet, 5. North 08 deg. 24 min. 31 sec. West 365.47 feet, 6. North 60 deg. 43 min. 05 sec. East 423.96 feet, 7. North 10 deg. 59 min. 12 sec. West 713.51 feet to the southerly side of Main Road (N.Y.S. Rte 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte 25) the following two (2) courses and distances: 1. North 62 deg. 08 min. 50 sec. East 234.55 feet, 2. North 65 deg. 10 min. 40 sec. East 288.16 feet to land now or formerly William Jimenez and the point or place of Beginning. CONTAINING an area of 51.0000 Acres. Schedule B a July 1, 1997 Surveyor's Description - Fort Area over Portion of Land Conveyed to the Town of Southold at Cutchogue, Town of Southold, Suffolk County, New York S.C.T.M. No.: 1000-116-1-P/03 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State bf New York, bounded and described as follows: BEGINNING at a point on the easterly line of land known and designated as Lot 2 Minor Subdivision "Peconic Land Trust" said point being situate the following courses and distances as measured from the intersection formed by the westerly line of land now or formerly William Jimenez and the southerly side of Main Road (N.Y.S. Rte 25): 1. South 65 deg. 10 min. 40 sec. West along the southerly side of Main Road (N.Y.S. Rte 25) 288.16 feet, 2. South 62 deg. 08 min. 50 sec. West still along the southerly side of Main Road (N.Y.S. Rte 25) 234.55 feet to land known and designated as Lot 2 Minor Subdivision "Peconic Land Trust"; RUNNING thence along land known and designated as Lot 2 Minor Subdivision "Peconic Land Trust" the following five (5) courses and distances: 1. South 10 deg. 59 min. 12 sec. East along land known and designated as Lot 2 Minor Subdivision "Peconic Land Trust" 713.51 feet, 2. South 60 deg. 43 min. 05 sec. West 423.96 feet, 3. South 08 deg. 24 min. 31 sec. East 365.47 feet, 4. South 60 deg. 40 min. 52 sec. West 236.81 feet, 5. South 12 deg. 17 min. 18 sec. West 387.00 feet; RUNNING thence from said point of beginning North 88 deg. 46 min. 10 sec. East 838.28 feet to the approximate High Water Mark of Downs Creek; RUNNING thence along the approximate High Water Mark of Downs Creek the following sixteen (16)tie-line courses and distances: 1. South 33 deg. 42 min. 05 sec. East 103.20 feet, 2. South 25 deg. 35 min. 39 sec. West 52.73 feet, 3. South 66 deg. 31 min. 07 sec. West 113.81 feet, 4. South 03 deg. 12 min. 11 sec. West 95.73 feet, 5. South 03 deg. 49 min. 31 sec. West 47.36 feet, 6. North 29 deg. 21 min. 15 sec. East 35.41 feet, 7. South 85 deg. 26 min. 16 sec. East 20.48 feet, 8. South 69 deg. 15 min. 28 sec. East 81.98 feet, 9. South 49 deg. 12 min. 43 sec. East 32.59 feet, f 7 10. South 01 deg. 32 min. 05 sec. East 89.72 feet, 11. South 18 deg. 57 min. 45 sec. West 199.95 feet, 12. South 33 deg. 35 min. 15 sec. West 279.92 feet, 13. South 02 deg. 43 min. 21 sec. East 98.15 feet, 14. South 03 deg. 42 min. 44 sec. West 88.31 feet, 15. South 08 deg. 30 min. 13 sec. West 32.38 feet, 16. South 70 deg. 11 min. 06 sec. East 45.60 feet to Lot 1, Minor Subdivision "Peconic Land Trust"; Schedule B (continued) Page 2 July 1, 1997 RUNNING thence South 84 deg. 00 min. 04 sec. West along Lot 1; Minor Subdivision "Peconic Land Trust" a distance of 833.74 feet to Lot 2, Minor Subdivision "Peconic Land Trust"; RUNNING thence along Lot 2, Minor Subdivision "Peconic Land Trust" the following three (3) courses and distances: 1. North 11 deg. 44 min. 34 sec. East 22.01 feet, 2. North 08 deg. 44 min. 58 sec. West 384.17 feet, 3. North 12 deg. 17 min. 18 sec. East 773.92 feet to the point or place of Beginning. CONTAINING an area of 22.9602 Acres. Schedule C c. July 1, 1997 Surveyor's Description - Access Area over Portion of Land Conveyed to the Town of Southold at Cutchogue, Town of Southold,, Suffolk County, New York S.C.T.M. No.: 1000-116-1-P/03 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of land known and designated as Lot 2 Minor Subdivision "Peconic Land Trust" said point being situate the following three (3) courses and distances as measured from the intersection formed by the westerly line of land now or formerly William Jimenez and the southerly side of Main Road (N.Y.S. Rte 25): 1. South 65 deg. 10 min. 40 sec. West along the southerly side of Main Road (N.Y.S. Rte 25) 288.16 feet, 2. South 62 deg. 08 min. 50 sec. West still along the southerly side of Main Road (N.Y.S. Rte 25)234.55 feet to land know and designated as Lot 2 Minor Subdivision "Peconic Land Trust", 3. South 10 deg. 59 min. 12 sec. East along land known and designated as Lot 2 Minor Subdivision "Peconic Land Trust" 713.51 feet; RUNNING thence from said point of beginning North 70 deg. 20 min. 31 sec. East 433.16 feet to land known and designated as Marsh Area "Map of Country Club Estates" filed in the Office of the Clerk of Suffolk County as File Number 6737 and the approximate centerline of Downs Creek; RUNNING thence along land known and designated as Marsh Area "Map of Country Club Estates" and the approximate centerline of Downs Creek the following nineteen (19) tie-line courses and distances: 1. South 14 deg. 14 min. 16 sec. West 11.95 feet, 2. South 00 deg. 20 min. 26 sec. West 149.20 feet, 3. South 03 deg. 36 min. 24 sec. East 93.42 feet, 4. South 64 deg. 26 min. 34 sec. East 26.51 feet, 5. South 03 deg. 30 min. 56 sec. West 192.18 feet, 6. South 14 deg. 23 min. 36 sec. West 122.47 feet, 7. South 05 deg. 11 min. 14 sec. East 28.46 feet, 8. South 37 deg. 58 min. 26 sec. West 26.44 feet, 9. South 69 deg. 04 min. 46 sec. West 24.55 feet, 10. South 07 deg. 29 min. 04 sec. East 68.97 feet, 11. South 88 deg. 51 min. 44 sec. East 42.40 feet, 12. South 37 deg. 23 min. 24 sec. East 31.85 feet, 13. South 32 deg. 36 min. 56 sec. West 110.72 feet, 14. South 36 deg. 46 min. 24 sec. East 31.05 feet, 15. South 80 deg. 24 min. 34 sec. East 45.53 feet, 16. North 37 deg. 40 min. 56 sec. East 51.88 feet, 17. South 67 deg. 00 min. 24 sec. East 32.23 feet, 18. South 30 deg. 11 min. 06 sec. West 82.39 feet, 19. South 00 deg. 26 min. 26 sec. West 74.47 feet to land now or formerly North Fork Country Club; Schedule C (continued) c Page 2 July 1, 1997 RUNNING thence along the approximate High Water Mark of Downs Creek the following six (6) tie-line courses and distances: 1. South 69 deg. 59 min. 32 sec. West 69.92 feet, 2. North 38 deg. 45 min. 36 sec. West 49.53 feet, 3. South 61 deg. 11 min. 28 sec. West 80.19 feet, 4. South 00 deg. 38 min. 14 sec. East 83.10 feet, 5. South 34 deg. 46 min. 35 sec. West 87.65 feet, 6. South 00 deg. 00 min. 33 sec. East 40.37 feet to a point; RUNNING thence South 88 deg. 46 min. 10 sec. West through land of the Town of Southold a distance of 838.28 feet to land known and designated as Lot 2, Minor Subdivision "Peconic Land Trust"; RUNNING thence along land known and designated as Lot 2, Minor Subdivision "Peconic Land Trust" the following four(4) courses and distances: 1. North 12 deg. 17 min. 18 sec. East 387.00 feet, 2. North 60 deg. 40 min. 52 sec. East 236.81 feet, 3. North 08 deg. 24 min. 31 sec. West 365.47 feet, 4. North 60 deg. 43 min. 05 sec. East 423.96 feet to the point or place of Beginning. CONTAINING an area of 19.5292 Acres. Schedule D July 1, 1997 Surveyor's Description - Interpretive Center Area over Portion of Land Conveyed to the Town of Southold at Cutchogue, Town of Southold, Suffolk County, New York S.C.T.M. No.: 1000-116-1-P/03 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte 25), said point being the intersection of the southerly side of Main Road (N.Y.S. Rte 25) with the westerly line of land now or formerly William Jimenez and said point being situate 1419.76 feet westerly as measured along the southerly side of Main Road (N.Y.S. Rte 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte 25) with the westerly side of Linden Avenue; RUNNING thence from said point of beginning along the westerly and southerly line of land now or formerly William Jimenez the following two (2) courses and distances: 1. South 16 deg. 11 min. 14 sec. East 146.16 feet, 2. North 75 deg. 03 min. 56 sec. East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of Subdivision - "Map of Country Club Estates" filed in the Office of the Clerk of Suffolk County as File Number 6737; RUNNING thence along the approximate centerline of Downs Creek and along Lot 30, and along land designated as Marsh Area on Subdivision - "Map of Country Club Estates" the following eleven (11) tie-line courses and distances: 1. South 01 deg. 54 min. 14 sec. East 38.99 feet, 2. South 24 deg. 52 min. 56 sec. West 17.05 feet, 3. South 28 deg. 48 min. 16 sec. West 105.00 feet, 4. South 16 deg. 57 min. 26 sec. West 40.01 feet, 5. South 00 deg. 15 min. 54 sec. East 69.14 feet, 6. South 15 deg. 03 min. 36 sec. West 58.93 feet, 7. South 33 deg. 40 min. 54 sec. East 86.84 feet, 8. South 38 deg. 26 min. 34 sec. East 82.01 feet, 9. South 00 deg. 28 min. 44 sec. East 31.91 feet, 10. South 16 deg. 39 min. 56 sec. West 64.33 feet, 11. South 14 deg. 14 min. 16 sec. West 125.94 feet to a point; RUNNING thence South 70 deg. 20 min. 31 sec. West through Land of the Town of Southold a distance of 433.16 feet to Lot 2, Minor Subdivision "Peconic Land Trust"; RUNNING thence North 10 deg. 59 min. 12 sec. West along Lot 2, Minor Subdivision °Peconic Land Trust" 713.51 feet to the southerly side of Main Road (N.Y.S. Rte 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte 25) the following two (2) courses and distances: 1. North 62 deg. 08 min. 50 sec. East 234.55 feet, 2. North 65 deg. 10 min. 40 sec. East 288.16 feet to land now or fonnerly William Jimenez and the point or place of Beginning. CONTAINING an area of 8.5106 Acres. K El 34570. 11890PC967 3 RECEIVED 964PR 30 AM/0. 54 Number of pages I _ REAL STA CI TORRENS APR S0 1998 SU/ L�r QFf ii?/E Serial# TRANSFER TAX SUFFOLK Certificate# COUNTY 34570 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4< FEES Page/Filing Fee 5-7 • Mortgage Amt. — Handling ,_ 1. Basic Tax TP-584 2. Additional Tax — Notation _ Sub Total — EA-5217(County) Sub Total . SpecJAssit. or EA-5217(State) C_ Spec./Add. — RP.T.S.A. t S TOT.MTG.TAX — Dual Town Dual County Comm.of Ed 5 • Held for Apportionment Affidavit pi � Transfer Tax — Certified Copy �}7 Mansion Tax The property covered by this mortgage is or Reg.Copywill be improved by a one or two family Sub Total 190 .— nn ._ dwelling only. OtherYES or NO GRAND TOTAL _ C) If NO, see appropriate lax clause on page # of this instrument. Real Property Tax Service Agency Verification 6`r Title Company Information Dist. Section Block Lot p a nLmlYlD [ax! I-4WQ Trce 0 6V,3003Company Name Date - R/N9 7- ,76 6.3 .4 Title Number III p$ FEE PAID BY. P�GOA/�C �/✓d /�iiS= /n/co C'od egrs0 Cash Check a Charge Payer same as R&R 0 . 801( d 0�8 // (or if different) C NAME: LOn1/n0A/re/egLT/1 L f&o 7,17-6CsOUTHA/r1P�D A/, /Il V // f e, 9 ADDRESS: 1 -7-7 DLO dazc,vney (?V. RECORD& RETURN TO /Pi✓�/f 7p� NY //90/ (ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached 66n Or COA/S0e✓,9rl IIV Ei4SE7ne4lr made by: (SPECIFY TYPE OF INSTRUMENT) /D[u,K/ !iG &U7W" The premises herein is situated in SUFFOLK COUNTY,NEW YORK. ATO In the Township of cJ4Q6e7WO[.O ml c C r o T'2air.. /A/CoA'Ader�TED In the VILLAGE or HAMLET of C ll rnW. '4[E BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. uma..znsa�.