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
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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
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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.
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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
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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:
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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.
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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
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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
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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
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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 +
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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.
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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�.