HomeMy WebLinkAboutL 11936 P 811 DISTRICT SECTION BLOCK BLOCK LOT
DUD OF CONSERVATION EASEM 1� -
THIS DEED OF CONSERVATION EASEMENT, is made on the 30th of December, 1998 at
Southampton,New York. The parties are NFRE Development Corp., a New York Corporation having its
office at 633 Third Avenue, New York,NY 10017 (herein called the "Grantor"), and the PECONIC
LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at
296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 (herein called "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of 6.4 acres of certain real property located in the
Town of Southold, Suffolk County, New York, and hereinafter referred to as the "Entire Property"; and
WHEREAS, the Entire Property is located in the Low Density Residential R-80 Zoning District
of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary
loss of those currently open lands which contain prime agricultural soils as outlined in the Town of
Souehold code, Section 100-30; and
WHEREAS, Grantor wishes to grant a Conservation Easement on a 2.6-acre portion of the Entire
Property, described in Schedule A, attached hereto, further identified as SCTM# 1000-22-3-28 &29, and
hereinafter referred to as the "Property"which will reduce the density from a yield of 2 single-family
residences to zero (0), so that the Property shall remain in its open, undeveloped, and scenic state; and
WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of
197 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, to protect the scenic, open space character of
the Town and to protect the Town's resort and agricultural economy; and
WHEREAS, the Property has approximately 271 feet of frontage on Long Island Sound that
provides the public with significant scenic vistas of woodland, wetlands and shoreline; and
WHEREAS, the Property, which is located on Long Island Sound in the Town of Southold,
contains designated tidal wetlands that should be preserved pursuant to Section 97-10 to 97-33 of the
Code of the Town of Southold known as Wetlands, for the purpose of protecting,preserving, and
maintaining the Town's wetlands for the protection of its citizens; and
WHEREAS, the Property contains designated tidal wetlands that should be preserved pursuant to
the New York State Environmental Conservation Law Article 25 and 6NYCRR Part 661; and
WHEREAS, Grantor has granted to conservation easements on 98.38 acres of property known as
"Cove Beach"which is contiguous to the Entire Property herein referred to, which demonstrates that this
conservation easement is a part of a larger conservation plan; and
WHEREAS, the Town of Southold has passed a Resolution at a regular meeting of the Southold
Town Board held on March 17, 1998 in support of the protection of the lands known as "Cove Beach";
and
WHEREAS, this conservation easement will protect additional acreage in an area already
determined to be worthy of public and private conservation efforts; and
WHEREAS, the Property in its present scenic, open and woodland condition has substantial and
significant value as an aesthetic, beachfront, and wetland resource by reason of the fact that it has not
been :subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special character of the region in
whicl.the Property is located, and Grantor and Grantee have, in common, the purpose and objective of
protecting and conserving the present state and inherent, tangible and intangible values of the Property as
an aesthetic,natural, and scenic resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor,
for itself and its successors and assigns, to grant a Conservation Easement to Grantee in order to restrict
the further development of the Property while permitting compatible uses thereof;
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fell
NOW THEREFORE:
0.01 Cirantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the owner of the Property
described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable
organization under Section 170(h)(3) of the Internal Revenue Code of 1986, (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.
093 Purpose
The parties recognize the environmental, scenic, open space, wetland, and woodland 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 open space character in perpetuity for its environmental, scenic, and natural values, by preventing the
use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in
furtherance of federal,New York State and local conservation policies.
0.04 Government RecoLynition
New York State has recognized the importance of private efforts to preserve rural land in a
scenic, natural and open condition through conservation restrictions by enactment of Environmental
Conservation Law,Article 49-0301, ct. seq. and General Municipal Law, Section 247. Similar
recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other
federal statutes.
0.05 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 on December 14, 1998 and that the Property satisfies the criteria adopted by
Grantee relating to the quality and characteristics of open land that should be protected and maintained as
open land.
0.06 Documentation
Grantee acknowledges by acceptance of this Easement that historical and present uses of the
Property are compatible with the purposes of this Easement. Grantor has made available to Grantee
sufficient documentation to establish the condition of the Property at the time of the gift of this Easement.
In order to aid in identifying and documenting the present condition of the Property's natural, wildlife,
watershed, scenic, woodland and aesthetic resources and otherwise to aid in identifying and documenting
the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoring the
uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared,
with Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the
`Baseline Documentation").This documentation includes,but is not limited to, an aerial photograph,
photographs of the Property, a topographical map, a description and site plan of existing land uses,
features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that
the Baseline Documentation report accurately represents the condition of the Property at the time of the
easement. 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.
007 Recitatio
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 bound by it.
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ARTICLE ONF
THF EASEMENT
121 Tvoe
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 the Deed shall include any and all of those covenants,restrictions,
rights, terms and conditions.
1.N Duratio
This Easement shall be a burden upon and run with the Property in perpetuity.
JM Effec
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,
tena;ats,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
GIFT
GRANTOR hereby voluntarily grants,releases and conveys to Grantee, as an absolute gift, 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.
ARTICL_ E THRFF
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and practices shall be
prohibited forever upon or within the Property:
3.l)1 Structures
The construction or placement of residential, commercial, industrial or other buildings, structures,
or improvements of any kind or nature (including,but not limited to mobile homes), permanent or
temporary, on, over, or under the Property shall be prohibited.
3.02 Excavation and Removal of Materials: Minine
The excavating or filling of the Property shall be prohibited. Mineral exploitation, and extraction
by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall
not take place,nor shall the topography of the Property be changed except for purposes of erosion control
and sail management, which will requiire the prior written consent of Grantee, which shall not be
unreasonably withheld if the activity does not defeat or derogate from the purposes of this Easement.
3l)3 ;iubdivision
The subdivision or partitioning of the Property shall be prohibited without the prior written
consent of Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from
the purposes of this Easement.
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1Q3 D mom
The dumping or accumulation of unsightly or offensive materials including, but not limited to
trash, garbage, sawdust, ashes or chemical waste shall be prohibited.
.tM SienC
The display of signs,billboards, or advertisements shall be prohibited, except signs whose
placement,number, and design do not significantly diminish the scenic character of the Property and only
for any of the following purposes: (a)to state the name of the Property and the names and addresses of
the owners, (b) to temporarily advertise the Property or any portion thereof for sale, (c) temporarily to
advertise the names of any construction-related companies working on the Property, (d)to post the
Property to control unauthorized entry or use, or(e)to announce Grantee's conservation easement.
I.- Cutting of Timber
The cutting or harvesting of timber on the Property shall be prohibited, except for the following
purposes: (a)to clear and restore forest cover that has been damaged or disturbed by forces of nature or
otherwise, and(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.
3M Soil and Water
Any use or activity that causes or is likely to cause significant soil degradation or beach erosion,
or significant pollution of any surface or subsurface waters shall be prohibited.
3M Wetlands
The draining, filling, dredging, or diking of the wetland areas, including any enlargements
thereof, or other disturbance of the wetlands shall be prohibited.
3.02 Landscanine Activities
Clearing or grading shall be prohibited, except as provided in Section 4.04. The Property shall
remain in a natural state, and maintenance of the natural vegetation therein shall be the only activity
allowed.
3.10
The use of the Property for any commercial or industrial purpose shall be prohibited.
3..11_Drainag
The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the
Property for a drainage basin or sump, and in order to control flooding or soil erosion on the Property
shall be prohibited.
312_ ey lopment Rights
The use of the acreage of this Property burdened with this Easement for purposes of calculating
lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee the two (2)
residential development rights(and any further development rights that may be created through a
rezoning of the Property) on the Property and the parties agree that such rights shall be terminated and
extinguished and may not be used or transferred to any other parcels.
ARUCLE FOUR
GRANTOR'SQRANIOR'S RIGHTS
4.01 ()wnershin
Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of
ownership in the Property, some of which are more particularly described in this ARTICLE FOUR.
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A.O7LFoasession
Grantor shall continue to have the right to exclusive possession of the Property.
4.4 use
Grantor shall have the right to use the Property in any manner and for any purpose consistent with
and not prohibited by this Easement as well as applicable local,New York State, or federal law which
will not defeat or derogate from the purposes of this Easement.
4,04and aping Activities
Grantor shall have the right to continue the historical modes of landscaping,pruning and grounds
maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other
vegetation when dead, diseased, dangerously decayed or damaged, without the prior written consent of
Grantee.
Clearing,cutting and grading;within 50 feet of the top edge of the bluff shall be limited to that
necessary for proper maintenance and removal of diseased, decayed or dead material and invasive plant
species. Such clearing, cutting and grading shall be subject to the prior written consent of Grantee and
review by the Town of Southold to ensure proper maintenance and preservation of the natural buffer on
Long Island Sound.
4,05 Improvements
A. Allowable Non-Residential Improvements and Structures.
Grantor shall have the right to erect and maintain the following non-residential
improvements and structures on the Property which are necessary to and consistent with the uses
as permitted in Section 4.03 and 4.04 hereof, with the prior written consent of Grantee:
(i) Trails, to provide access for landscaping and maintenance as allowed in this easement,
are permitted with the prior written consent of Grantee and any regulatory approvals
which may be necessary.
(ii) Dune fences, specifically to prevent beach erosion, and so long as they are consistent
with the uses and the purposes of this easement, are permitted. Fences must be placed so
that they do not materially block or detract from the scenic view, and may only be
constructed with the prior written consent of Grantee and any regulatory approvals,
which may be necessary.
B. Replacement of Improvements and Structures In-Kind
In the event of damage resulting from casualty to an extent which renders repair of any
existing structure impractical, erection of a structure of comparable size,bulk, use, and general
design to the damaged structure shall be permitted within the same general location subject to the
review and written approval of Grantee.
C. Environmental Sensitivity During Construction.
The use and location of any improvement and structure permitted hereunder shall be
consistent with the conservation purposes intended herein, and construction of any such
improvement or structure shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to insure that storm water runoff will not carry eroded and
other deleterious materials into Long Island Sound and the wetland area, including but not limited
to minimal removal of vegetation.
4.06 qotic
Grantor shall notify Grantee, in writing, before taking any action or before exercising any
reserved right with respect to the Property which could adversely affect the environmental, scenic, and
woodland values which are the subject of this Easement. This includes the construction of any permanent
or temporary improvements as provided in Section 4.05 herein. Grantor shall provide Grantee with
complete documentation including information on the need for and use of such improvements or
structures, and plans for any proposed improvements or structures which are subject to Grantee's
approval, whose approval 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.
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Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor must
also obtain any required governmental approvals for the action.
4,01' 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 name: and mailing address of any Grantee, and the individual principals
thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth
that the interest thereby conveyed is subject to this Easement, without modification or amendment of the
terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date,
office, 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 FIV .
GRANTOR'S OBLIGATIONS
5M Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and other governmental or
municipal charges, which may become a lien on the Property, including any taxes or levies imposed to
make those payments. If Grantor 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 Grantor, according
to ary 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 would have become, and shall.bear interest until paid by Grantor at two
percentage points over the prime rate of interest from time to time charged by Citibank,N.A.
LU Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,
judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors
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.
LU Third Party Claims
Grantor shall indemnify and hold Grantee hannless for any liability, costs, attorneys' fees,
judgments, or expenses to Grantee or any of its officers,employees, agents or independent contractors
resulting: (a) from injury to persons or damages to property arising from any activity on the Property,
except those due solely to the acts of the Grantee, its officers, employees, agents, or independent
contractors; and(b) from actions or claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters arising solely from the acts of
Grantee, its officers, employees, agents, or independent contractors.
ARTICLE SIX
GRANTEE'S i HT
6.01 Fntry 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 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 riight by any action or proceeding that Grantee may reasonable deem
necessary. However, it is understood and agreed by the parties hereto that Grantor shall not be liable for
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any changes to the Property resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property
resulting from such causes.
U, ..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,
(i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or
permanent injunction, or
(ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such
breach, default or violation and/or to cause the restoration of that portion of the Property
affected by such breach, default or violation to the condition that existed prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the terms, conditions, covenants,
obligations and purposes of this Easement; provided, however, that any failure, delay or
election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any
right or available remedy on Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or violation of any term, condition,
covenant or obligation under this Eysement.
In the event that Grantee prevails in any legal proceeding brought under the provisions of this
Section 6.03, Grantor shall pay, either directly or by reimbursement to Grantee,all reasonable attorneys'
fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection
with any proceedings under this Section.
6.04 No Waive
Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of
waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any
remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.05 Assianability
Grantee shall have the right to assign any and all of its rights and responsibilities under this
Easement, and any and all of its rights;, title and interest in and to this Easement only to a qualified
organization (herein called "the Assignee"). As used herein: the term "qualified organization"means a
not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests
pursuant to Article 49 of the New York Environmental Conservation Law,and is a qualified organization
within the meaning of Section 170(h)(3) of the code, which is organized or operated primarily or
substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the code. Any
assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to
carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same
right of assignment, subject to compliance with the provisions of this Section 6.05.
6.(63 ucc�e ,ion
If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any
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 the Town of Southold or if such
Town will not accept this Easement, then in another qualified organization, in accordance with a cy pres
proceeding brought in any court of competent jurisdiction.
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4.,
.6.0 i .xti euishment
This Easement gives rise to a property right and interest immediately vested in the Grantee. For
purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the
difference, as of the date hereof,between the fair market value of the Property subject to this Easement
and the fair market value of the Property if unencumbered hereby(such difference, divided by the fair
market value of the Property unencumbered by this Easement, is hereinafter referred to as the
"Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions
surrounding the Property makes impossible its continued'use for the purposes contemplated hereby,
resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an
amount equal the Proportionate Share of the fair market value of the Property at such time. In the event
of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on
account of the exercise of the power of eminent domain, the sale price or condemnation award shall
establish fair market value. Absent such a sale, the Property's fair market value shall be established by
independent appraisal.
If all or any part of the Property is taken under the power of eminent domain by public, corporate,
or other authority, 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 taking. 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. 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 my 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.
ARECLE S .V N
MISCELLAhMOTJS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties concerning its subject matter.
Any prior agreement between the parties concerning its subject matter shall be merged into this Easement
and superseded by it.
ZaL Amendment
This Easement is made with the intention that it shall qualify as a Conservation Easement in
perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if
such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h).
Any such amendment shall apply retroactively in the same manner as if such amendment or amendments
had been set forth herein.
This Easement can be terminated or modified only in accordance with the common and 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 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 that are not
inconsistent with the purposes of this Easement set forth in the Introduction hereof, provided,however,
that Grantee shall have no right or power to agree to any amendments hereto that would result in this
Easement failing to qualify as a valid Conservation Easement under Article 49,Title 3 of the
Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any
regulation issued pursuant thereto, or Section 170(h) of the Code governing"qualified conservation
contributions".
7.03 Severabiliri
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
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Easement that is determined to be invalid or unenforceable by a court shall be severed from the other
provisions,which shall remain enforceable and effective.
7.04
All notices required by this Easement must be written. Notices shall be delivered by registered
mail,return receipt requested, or by 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
mail ing.
1 U 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 Grantor. 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 Grantor. The parties intend that this Easement, which is by nature and
character primarily negative in that Grantor has restricted and limited his right to use the Property,except
as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants,nor shall be interpreted to grant,to the public any
right to enter upon the Property.
7.08 Warranties
The warranties and representation made by the parties in this Easement shall survive its
execution.
7.09 Recordine
Grantee shall record this Easement in the land records of the office of the Clerk of the County of
Suffolk, State of New York.
7.10 Heading
The headings, titles and subtitles,herein have been inserted solely for convenient reference,and shall
be ignored in its construction.
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yrr, p
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 ACCEPTED:
NFRE DEVELOPMENT CORP. (Grantor)
BY:
Charles C dd
Title y
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST(Grantee)
BY: _
AJo ��v.H. Halse}
President
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this3LIJd—ay of December;, 1998, before me personally appeared CHARLES CUDDY, who
being by me duly sworn, said that he resides at Mattituck New York,
that he is Assistant Secretary ofNFRE DEVELOPMENT CORP., the Grantor
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.
otary♦ 'Pcub
STATE OF NEW YORK ;:,of F'>ri York
COU'VTY OF SUFFOLK SS:
r 1v �IAJG iuC'I❑(Iilw JUIV 11, &V-a
On thisday of December, 1998, 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.
J w
N6kary Public, 6}-4e 114 Aleo york
No.vlWcso�y46�
//Quali f,•t�l �� SuFFdlk Ccur�-y
V)vn m;551Dn E��i l25 `rfll�l'�l100
SCHEDULE A: Metes and Bounds Description of the Property
10
SCHEDULE A
Metes and Bounds Description
TaxLot.30
All that certain lot, piece or parcel of land, situate, lying and being at East Marion, Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the ordinary high water mark of Long Island Sound, which point is
405.00 feet easterly along said high water mark from the northeasterly comer of lana now or
formerly of Guimaraes and the northwesterly corner of land now or formerly of Cove Beach
Estates, Inc., from said point of beginning running easterly along said high water mark as
measured by a tie line south 76 degrees 00 minutes east 135 feet; thence south 5 degrres 28
minutes 00 seconds west 466.20 :Feet; thence north 80 degrees 00 minutes west 100 ("d thence
north I degree 25 minutes 20 seconds east 479.52 feet to the point or place of begim+ing.
TOGETHER WITH a right-of-way a minimum of 50 feet wide, within a parcel of land described
by metes and bounds as follows:
BEGINNING at the southwesterly comer of the premises above described, easterly,ine course, a
distance of 355 feet more or less; thence southerly nineteen course, a distance of 3,900 feet more
or less, to the Main Road, Route 25, more particularly described as follows: From I! a said point
of beginning, one course:
(1) South 80 degrees 00 minutes, east 355 feet, thence southerly along land of Cove 1 teach
Estates, Inc., and others and along the course of a presently existing paved road nim (-en courses:
(1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less
(2) South 83 degrees 16 minutes 50 seconds, west 25 feet more or less
(3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet
(4) South 9 degrees 23 minutes 00 seconds, east 111.57 feet
(5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet
(6) South 10 degrees 29 minutes 50 seconds, east 267.72 feet
(7) South 16 degrees 40 minutes 20 seconds, east 70.34 feet
(8) South 12 degrees 29 minutes 40 seconds, east 139.02 feet
(9) South 11 degrees 15 minutes 40 seconds, east 91.00 feet
(10) South 14 degrees 13 minutes 50 seconds, east 192.50 feet
(11) South 11 degrees 41 minutes 10 seconds, east 180.95 feet
(12) South 14 degrees 06 minutes 30 seconds, east 161.70 feet
(13) South 19 degrees 39 minutes 50 seconds, east 144.43 feet
(14) South 14 degrees 15 minutes 50 seconds, east 71.14 feet
(15) South 14 degrees 55 minutes 00 seconds, cast 111.96 feet
(16) South 12 degrees 20 minutes 50 seconds, east 598.78 feet
(17) South 13 degrees 54 minutes 20 seconds, east 387.42 feet
(18) North 75 degrees 53 minutes 00 seconds, east 23.10 feet
(19) South 12 degrees 39 minutes 00 seconds, east 242.90 feet, thence to the northerly side of
Main Road, Route 25, running thence along the northerly side of said Main Road, one course:
(1) North 84 degrees 05 minutes 30 seconds, west 86.53 feet, thence in a northerly direction
along lands of Russel, Latham, and Terry, twenty-one courses:
(1) North 10 degrees 31 minutes 00 seconds, west 211.37 feet
(2) South 73 degrees 23 minutes 00 seconds, west 27.55 feet
(3) North 12 degrees 24 minutes 00 seconds, west 402.42 feet
(4) South 85 degrees 23 minutes 20 seconds, west 52.24 feet
(5) North 12 degrees 57 minutes 30 seconds, west 107.40 feet
(6) North 14 degrees 50 minutes 40 seconds, west 92.60 feet
(7) North 13 degrees 03 minutes 20 seconds, west 84.75 feet
(8) North 13 degrees 15 minutes 10 seconds, west 340.95 feet
(9) North 12 degrees 17 minutes 30 seconds, west 89.30 feet
(I C') North 14 degrees 05 minutes 20 seconds, west 125.12 feet
(11) North 13 degrees 22 minutes 00 seconds, west 243.90 feet
(12.) North 18 degrees 35 minutes 40 seconds, west 365.64 feet
(13) South 76 degrees 34 minutes 20 seconds, west 132.47 feet
(14) North 11 degrees 16 minutes 40 seconds, west 290.10 feet
(15) North 11 degrees 43 minutes 20 seconds, west 113.47 feet
(16) North 10 degrees 37 minutes 10 seconds, west 110.05 feet
(17) North 12 degrees 44 minutes 20 seconds, west 101.00 feet
(18) North 10 degrees 09 minutes 30 seconds, west 88.65 feet
(19) North 13 degrees 26 minutes 00 seconds, west 100.90 feet
(20) North 15 degrees 52 minutes 50 seconds, west 101.34 feet
(21) North 20 degrees 31 minutes 30 seconds, west 68.56 feet to a rock, thence easterly one
course:
(1) North 74 degrees 17 minutes 40 seconds, east 97.62 feet, thence northerly, one course:
(1) North 11 degrees 26 minutes 00 seconds, west 833.61 feet, thence westerly, four courses:
(1) North 80 degrees, 00 minutes, west 287.76 feet
(2) South 83 degrees, 00 minutes, west 81.45 feet
(3) South 58 degrees, 00 minutes, west 93.73 feet
(4) South 69 degrees, 00 minutes, west 113.24 feet, running thence northerly, four courses:
(1) North I I degrees 26 minutes 00 seconds, west 50.71 feet
(2) North 69 degrees 00 minutes, east 100.00 feet
(3) North 58 degrees 00 minutes, east 100.00 feet
(4) North 83 degrees 00 minutes, east 100.00 feet to place of beginning.
2
Tax Lot 28
All that certain lot, piece or parcel of land, situate, lying and being at East Marion, Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the ordinary high water mark of Long Island Sound which point is
135.00 feet easterly along said high water mark from the northeasterly comer of land now or
formerly of Guimaraes and the northwesterly corner of land now or formerly of Cove Beach
Estates, Inc., from said point of beginning running easterly along said high water mark as
measured by a tie line, north 70 degrees 00 minutes east, 135.00 feet; thence south 2 degrees 44
minutes 30 seconds east, 496.84 feet; thence south 58 degrees 00 minutes west, 100.00 feet;
thence north 7 degrees 27 minutes 10 seconds west 507.38 feet to the point or place of
beginning.
TOGETHER with a right-of-way a minimum of 50 feet wide, within a parcel of land described
by metes and bounds as follows:
BEGINNING at the southwesterly corner of the premises above described, easterly three
courses, a distance of 555 feet more or less; thence, southerly nineteen courses, a distance of
3,900 feet more or less, to the Main Road, Route 25, more particularly described as follows:
From the said point of beginning, three courses:
(1) North 58 degrees 00 minutes, east 100 feet; thence
(2) North 83 degrees 00 minutes, east 100 feet; thence
(3) South 80 degrees 00 minutes, east 355 feet; thence southerly along land now or formerly
of Cove Beach Estates, Inc., and others and along the course of a presently existing paved road
nineteen courses:
(1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less
(2) South 83 degrees 16 minutes 50 seconds, west 25 feet more or less
(3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet
(4) South 9 degrees 23 minutes 00 seconds, east 111.57 feet
(5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet
(6) South 10 degrees 29 minutes 50 seconds, east 267.72 feet
(7) South 16 degrees 40 minutes 20 seconds, east 70.34 feet
(8) South 12 degrees 29 minutes 40 seconds, cast 139.02 feet
(9) South 11 degrees 15 minutes 40 seconds, east 91.00 feet
(10) South 14 degrees 13 minutes 50 seconds, east 192.50 feet
(11) South 11 degrees 41 minutes 10 seconds, east 180.95 feet
(12) South 14 degrees 06 minutes 30 seconds, east 161.70 feet
(13) South 19 degrees 39 minutes 50 seconds, east 144.43 feet
(14) South 14 degrees 15 minutes 50 seconds, east 71.14 feet
(15) South 14 degrees 55 minutes 00 seconds, east 111.96 feet
(16) South 12 degrees 20 minutes 50 seconds, east 598.78 feet
3
11936K811
(17) South 13 degrees 54 minutes 20 seconds, east 387.42 feet
(18) North 75 degrees 53 minutes 00 seconds, east 23.10 feet
(19) South 12 degrees 39 minutes 00 seconds, east 242.90 feet, thence to the northerly side of
Main Road, Route 25; running thence along the northerly side of said Main Road, one course:
(1) North 84 degrees 05 minutes 30 seconds, west 86.53 feet, thence in a northerly direction
along lands of Russel, Latham and Terry, twenty-one courses:
(1) North 10 degrees 31 minutes 00 seconds, west 211.37 feet
(2) South 73 degrees 23 minutes 00 seconds west 27.55 feet
(3) North 12 degrees 21 minutes 00 seconds,west 402.42 feet
(4) South 85 degrees 23 minutes 20 seconds, west 52.24 feet
(5) North 12 degrees 57 minutes 30 seconds,west 107.40 feet
(6) North 14 degrees 50 minutes 40 seconds, west 92.60 feet
(7) North 13 degrees 03 minutes 20 seconds, west 84.75 feet
(8) North 13 degrees 15 minutes 10 seconds, west 340.95 feet
(9) North 12 degrees 17 minutes 30 seconds, west 89.30 feet
(10;) North 14 degrees 05 minutes 20 seconds, west 125.12 feet
(1 1) North 13 degrees 22 minutes 00 seconds, west 243.90 feet
(12:) North 18 degrees 35 minutes 40 seconds, west 365.65 feet
(131 South 76 degrees 34 minutes 20 seconds, west 132.47 feet
(14) North 11 degrees 16 minutes 40 seconds,west 290.10 feet
(15) North 11 degrees 43 minutes 20 seconds, west 113.47 feet
(16) North 10 degrees 37 minutes 10 seconds, west 110.05 feet
(17) North 12 degrees 44 minutes 20 seconds, west 101.00 feet
(18) North 10 degrees 09 minutes 30 seconds, west 88.65 feet
(19) North 13 degrees 26 minutes 00 seconds, west 100.90 feet
(201 North 15 degrees 52 minutes 50 seconds, west 101.34 feet
(21) North 20 degrees 31 minutes 30 seconds, west 68.56 feet to a rock; thence easterly, one
course:
(1) North 74 degrees 17 minutes 40 seconds, east 97.62 feet; thence northerly one course:
(1) North 11 degrees 26 minutes 00 seconds, west 833.61 feet; thence westerly four courses:
(1) North 80 degrees 00 minutes, west 287.76 feet
(2) South 83 degrees 00 minutes, west 81.45 feet
(3) South 58 degrees 00 minutes, west 93.73 feet
(4) South 69 degrees 00 minutes, west 113.24 feet; thence northerly, two courses:
(1) North 11 degrees 26 minutes 00 seconds, west 50.71 feet
(2) North 69 degrees 00 minutes, east 100.00 feet to the point or place of beginning.
4
21638
1 o xfr r a REOOo
11936K81
Number of pages �s RVZES-MM 98 DEC 30 PM 1 : 49
TORRENS DEC 3 0 1998
Serial 11 1.;1_ hl"i OF
Alt
RTAX SUFrOfJ COUNTY
Certificate it
�Y
Prior Of. u_ 38
Decd/Mortgage Instrument Deed/Mortgage Tax SmmP Recording/piling Slumps
4' FEES
Pngc/filing Fco —/ S Mot ;u
S ' (, 6c Anut.
I Iandling —
1. Basic Tax
'IP-584 _ ,— —
2, Addilioual'I:�x
Notation —
Sill) Tolal
CA-5217(County) Sub Tolal S
— Spec./Assn,
EA-5217(Slate) or
Spec./Add.
R.P.T.S.A. �y 0fxu�y —
��i TOT. MTG.TAX _
Couun.of Gd. 5 . 00 �� �� Dual Town Dual CounlY
I Icld for Aplwrlianmcnl
Affidavit
Transfer Tax
Certified Copy _�, -S b � Mansion Tax
'file Property covered by Ihmortgage ortgage is or
Reg.Copy will be improved by a one or two family
Other
Sub Talnl s , .S dwelling only.
Q YES or NO
ORANU'1'O't'AL / b S (7 If N0, sec npprolinale tax clause on page H
of Iluis instrument.
"5 Real Pr0perly'1'nx Service Agency Verification ( +
Illle Ctnnpany Inforoullion
q
Dist. Section Block Lot
t 1000 022.00 03.00 028.000
— Company Name
1000 022.00 _03.00 030.000
In 'Title Number
CHARLES R. CUDDY, ESQ. g> FEE Pn►1�BY:
445 GRIFFING AVENUE Cast' check charge
Payer same as R & R
P.O. BOX 1547 (or if differcnQ
WVERHEAD, NY 11901 NAME:
ADDRESS:
RECORD & RETURN TO
(ADDRESS)
9. SUffOII( COMAY Recording & E11dorseinent Page
This Page loans Part of the attached DEED OF CONSERVATION EASEMENT
made by:
(SPGCIITY'I'YPE OF INS"1'ItUMEMI')
The Premises herein is situated in
NFRE DEVELOPMENT CORP. SUFFOLK COUNTY, NEW YORK.
'1'0
In lhc '1'ownship of Southold
PECONTC LAND TRUST, INCORPORATED
In the VILLAGE
orIIAMLETof East Marion
BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
Itamt..�etw<r