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HomeMy WebLinkAboutPeconic Land Trust (Axien)Peconic Bluffs Preserve 1000-68-3-7 (f/k/a Axien property) Baseline Documentation Premises: 1105 Salt Marsh Lane Peconic, New York 9.0119 acres Gift of Conservation Easement PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Easement dated January 8, 2003 Recorded January 15, 2003 Suffolk County Clerk - Liber D00012230, Page 433 SCTM #: 1000-68-3-7 Premises: 1105 Salt Marsh Lane Hamlet: Peconic Purchase Price: $ -0- (gift) Funding: Community Preservation Fund (2% land bank) closing expenses only CPF Project Plan: Yes Total Parcel Acreage: 9.0119 acres Conservation Easement: 9.0119 acres (excepting from easement a 33' private road and a 20' right of way over easterly part of premises and a 20' right of way running southerly over land to northerly corner for residential access) Zoned: R-40 Existing Improvements: In November 2002 - dirt road, woods, wetlands area, abandoned well, overhead wires in n/w corner E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Axien Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a FuI1 Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Peconic, Town of Southold, County of Suffolk, Nexv York. The subject property consists ora 9.0 acre parcel of wooded, vacant land. The property is located at the terminus of Henry's Lane. Salt Marsh Lane, an unpaved roadway, divides the property into t~vo portions. The property is more particularly described as Suftblk County Tax Map # 1000-068-03-7. As noted, the subject property consists of 9.0 acres of wooded land. The property to the south of Salt Marsh Lane is ~vooded. Some pieces of lumber were observed on the property. No other evidence of dumping, staining or stressed vegetation was observed on this portion of the subject property. A depression was observed in the southern portion of the property. The depression was wet during the inspection. A narroxv channel that showed evidence of water conveyance entering the subject property from the adjacent parcel to the south was observed leading to the depression. The site contains freshwater wetlands based on inspection and review of state wetland maps. The property to the north of Salt Marsh Road is wooded. An old water supply well was observed on this portion of the property. The well is located close to the northern site boundary. The inspection of this portion of the property did not reveal any evidence of dumping, staining, residue, odors or stressed vegetation. An extensive government records search found no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in the vicinity of the subject property. In conclusion this assessment has revealed evidence of the following recognized environmental conditions in co~mection with the subject property, subject to the methodology and limitations of this report. The old well observed in the northeast port/on of the subject property should be properly abandoned in accordance with state and county requirements. PECONIC LAND TRUST 296 [ ]m~pton Road, EO. Box 1776, Sm~thampton, N5 119(¢) (631) 283 3195 Fax: (631) 204 0711 November 18, 2002 Mr. Gregory Yakaboski Town of Southold PO Box 1179 Southold, NY 11971 Re: Axien Property, Henry's Lane, Peconic, NY Dear Greg: Enclosed please find the latest survey for the above referenced project that indicates the well location. As you know, Krieger has abandoned the well according to DEC specifications. Please review the survey and let me know if you require additional revisions or additions, i am forwarding copies to Melissa Spiro, Susan Tuths and Fidelity National Title Company. I believe the only outstanding items for this acquisition are the Conservation Easement document and the summary of acquisition costs. I have emailed the draft Conservation Easement to you and Melissa today. Please contact me with any questions or concerns you may have. I realize vouchers will have to be prepared for payment at closing, so I will forward you an invoice within two weeks for the acquisition. Please call if you have any questions. Thanks. Bes~g, ards, Project Manager Enclosure cc: Melissa Spiro, w/enclosure Susan Tuths, w/enclosure FIGURE 1 Axien Property, Peconic Phase l ESA LOCATION MAP Axien Property, Peconic 48 Southold 48 ~Peconic 25 25 Omi 0,2 0.4 0.6 0,8 1 1.2 Copyrlgnl © 1988-2001 Microsoft Corp and/or its supphers All Fights reserved http;//~rww microsoft corn/streets © Copyright 2000 by Geographic Data Technology Ina All rights reserved. © 2000 Navigation Technologies All rights reserved This dais includes information taken ~oth perr~ssion from Canadian authorities © Her Maiesty the Queen in Right of Canada © Copyright 2000 by Compusearoh Micromarketing Data and Systems Ltd NELSON, POPE & VOOP, HIS, LLC ENVIRONMENTAL * PLANNIT/G · CONSULTING Page 7 of 25 Axien Property, Hamlet of Peconic Phase 1 ESA FIGURE 2 SITE MAP 8.4 10 t,SA(c} ? Ill Site Approximate Well Location Source: Suffolk County Tax Map Scale: Not to Scale NORTH Axien Property, Hamlet of Peconic Phase 1 ESA FIGURE 3 WATER TABLE CONTOUR MAP SITE~ 533.' 6560! 53324 ;22 55606 6333% Source: Suffolk County Water Contour Map Scale: Not to Scale 7 ,¸ NORTH Property - 1/8 1/4 1/2 Distance in Miles Toxics Targeting 1 Mile Radius Map Axiem Properly - Henry's Lane Peconic, NY 11958 N Suffotk County NPL/CERC. LIS/NYSDEC Inactive Major Roads 1/4 Mile Radius Walerbody Axiem ? / / / Toxics Targeting 1/2 Mile Radius Map Axiem Property - Henry's Lane Peconic, NY 11958 Suffolk County  MTBE Gasoline Add6Jve Spill Material Spill Major Waterbody County 1/2 0 1/16 1/8 1/4 1/2 Distance in Mil8~ 0 Distance in Miles 1/8 Toxics Targeting 1/4 Mile Closeup Map Axiem Properly - Henry's Lane Peconic, NY 11958 N Suffolk County Hazardous Waste DisposaJ Site Storef, Disposer * Additive Spill Hazardous Substance Solid Waste Wasie Disposal Site * ~ Facilib/ * ~ Major Oil ~, Hazardous Chemical S[orage Hazardous Waste · 1 Mile Search Radius · '" 1/4 Mile Search Radins "' 1/2 Mge Search Radius P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 464 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 2, 2002: RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 p.m., Tuesday, July 16, 2002, Southold Town Hall~ 53095 Main Road, Southold~ New York, as the time and place for a public hearing on the question of acquisition by gift of a conservation easement of approximately 8.9 acres of property from Peconic Land Trust as contract vendee with Elaine Axien, for open space preservation purposes in accordance with Chapter 6 of the Town Code. The property is located at the end of Henry's Lane in Peconic, New York. The parcel, known as SCTM# 1000-68-3-7, comprises approximately 8.9 acres. The property is being purchased by the Peconic Land Trust, ~unded by private donors. The Peconic Land Trust will donate a conservation easement on the property to the Town. The property is wooded and contains some wetlands. There are two defined fights of way on the property that are subject to the rights of others. The rights of way are not part of the easement to be donated to the Town. The exact area of the easement is subject to survey. The total price of the easement donation will be acquisition costs associated with transfer of title of the easement to be gifted. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the To~vn Board of the Town of Southold hereby sets Tuesday~ July 16, 2002~ at 5:00 p.m,, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition by gift of a conservation easement of approximately 8.9 acres of property from Peconic Land Trust as contract vendee with Elaine Axien for open space preservation purposes in accordance with Chapter 6 of the Town Code. The property is located at the end of Henry's Lane in Peconic, New York. The parcel, known as SCTM#1000-68-3-7, comprises approximately 8.9 acres. The property is being purchased by the Peconic Land Trust, funded by private donors. The Peconic Land Trust will donate a conservation casement on the property to the Town. The property is wooded m~d contains some wetlands. There are two defined rights of way on the property that are subject to the rights of others. The rights of way are not part of the easement to be donated to the Town. The exact area of thc easement is subject to surv-ey. The total price of the easement donation will he acquisition costs associated with transfer of title of the easement to be gifted. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is oil file in Land Preservation Department, Southold Town Hall, Feather Hill Atmex, Sonthold, New York, and may be examined by any interested person during business hours. Dated: July 2, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 11, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to tile following: The Suffolk Times Town Board Members Town Attorney John Custunan, Accounting Land Preservation Committee Department of Land Prese~wation Elaine Axien Town Clcrk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING JULY 16, 2002 5:00 P.M. HEARING ON THE ACQUISITION BY GIFT OF A CONSERVATION EASEMENT OF 8.9 ACRES FROM PECONIC LAND TRUST, AS CONTRACT VENDEE, WITH ELAINE AXIEN, SCTM#1000-68-3-7. COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesday,July 16,2002, at 5:00 p.m.,, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition by sift of a conservation casement of approximately 8.9 acres of property from Peconic Land Trust as contract vendee with Elaine Axien for open space preservation purposes in accordance with Chapter 6 of the Town Code. The property is located at the end of Henry's Lane in Peconic,New York. The parcel, known as SCTM#1000-68-3-7, comprises approximately 8.9 acres. The property is being purchased by the Peconic Land Trust, funded by private donors. The Peconic Land Trust will donate a conservation easement on the property to the Town. The property is wooded and contains some wetlands. There are two defined rights of way on the property that are subject to the rights of others. The rights of way are not part of the easement to be donated to the Town. The exact area of the easement is subject to survey. The total price of the easement donation will be acquisition costs associated with transfer of title of the eas?ment to be gifted. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKHAM: I have notices that the notice was published in the local newspaper and it was published in the Suffolk Times where we have a duly signed affidavit and in addition it was put up on the Town Clerks bulletin board. I don't have any further notices about this particular proposal. SUPERVISOR HORTON: With that being read and said, I will ask our Land Preservation Coordinator, Melissa Spiro to address the Town Board on this particular purchase. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: The 8.9 acre property that is the subject of this afternoon's hearing is shown in red on the map in front. The property is located to the north of the end of Henry's Lane, in Peconic. It is a rolling wooded property with some wetland areas. Although the tax map shows this property as t lot, in the 1970's a subdivision of 5 lots was approved by the Planning Board. Health Department requirements required the merging of one of the lots, leaving a valid, approved subdivision of 4 lots today. This project is being funded by private donations. The private donations allow the Peconic LT to purchase the entire property for conservation purposes. In turn, the PL Trast7 is donating a conservation easement to the Town. It is this donation that is the subject of tonight's hearing. The Trust will retain ownership of the land and the existing rights-of-way on the property, and the Town will own a conservation easement on the property. The Land Preservation Committee has 2 reviewed the project, and both the Committee and I support the Town's acceptance in accordance with Chapter 6, the Community Preservation Fund, of the donation of the conservation easement. Acquisition costs associated with the transfer of title of the conservation easement will be funded from the Community Preservation Fund. This project is a great example of how private sector contributions and partnerships with the Town, help accomplish preservation goals. I am here to answer any questions if you have any. Thank-you. SUPERVISOR HORTON: Do members of the Board have questions for Melissa? You have actually done again, a fantastic job in bringing this altogether and making sure that the Town (inaudible due to applause) we should all be glad that Melissa doesn't bill the Town for her overtime. The public hearing is open if there are members of the public that would like to address the Town Board on this public hearing. (No response) If there is no further comment, we will close the public hearing. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 466 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 2, 2002: WHEREAS, the Town Board of the Town of Southold is scheduled to hold a public hearing on the acceptm~ce ora girl of a conservation easement of approximately 8.9 acres of property from Peconic Land Trust as contract vendee with Elaine Axien, for open space preservation purposes in accordance with Chapter 6 of the Town. The property is located at the end of Henry's Lane in Peconic, New York. Said property is identified as SCTM # 1000-68-3-7. The property is being purchased by the Peconic Land Trust, funded by private donors. The Peconic Land Trust will donate a conservation easement on the~property to the Town. The property is wooded and contains some wetlands. There are two defined rights of way on the property that are subject to the rights of others. The rights of way are not part of the easement to be donated to the Town. The exact area of the easement is subject to survey. The total price of the easement donation will be acquisition costs associated with transfer of title of the easement to be gifted; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk PROJECT LD. NUMBER i 617.20 Appendix C State Environmental Quality Ru~iew - SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED AcTIoNS Only ART i--PROJECT INFORMATION (To be completed by ^ppllcant or Project sponsor) ~ 2 PROJECT NAME 3. PROJECT LOCAllON: (~ SEQR DESGI~IBE PROJECt', BRIEFLY: . . COMPLY WITH EXISI~. NG ZONING OR OTHER EXIb~ZING LAND LI~ REST~ ts-PRESENT LAND USE IN VICINITy OI='PROJECT? 10. 11. DOES ACllOfl INVO~E A PERMIT APPP~OYAL, OR FUN~NG. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAl- AG~ENCY (FEDERAL, ,STATE OR LOCAL)? ANY ~ Of: THE A~qlON HAVE A ~ VAUD PERMIT OR A~OVAL? ', '-?~-~,,,~s~ <1°~4'8Z ,,4 ~ Io'f~. "' If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this esses~meot OVER 1 ~! ye~-cooedina[e the rew~e~ proces~ and use the FU~L EAt=. ~Fi~---~E O'o be completed by AgencY) . . Fo~ each ad?erse effect Identified above, detehnlne whether It Is substantial, large, ~mpoelaat or .o?e~lse significant iNSTRUCTION~: - Each effe~ should'be ~ in cennecflo~ with Its (a) softlm3 (Le. u~oan o~ [rural); ~o) pro~bll~*of.Occumng; (¢)*d~r~tion; (d) attachments ~ mien. hoe suppo~ng mate~al~- Ensure that I~we~sibllit~ (e) geographic scope~ and (t'/magnitude. If necessaP/, add explanatkms coe~ain eufflcle~t detail to sho~ that all teleware ad;~~rse impacts ha~e ' must e~aloate th~, potential Impact of the pro~ actlo~ que~tlen O ol pa,'1 II wes chectced yes,.the detemflnaOo~ and slgnlrmance o~ the erwtrenmeetal characteristics o! the CEA. " ~ ,._. , .... m,~n one o~'mo~e potentially large or sigalf!can, t?dverse impacts which MAY / documentation, that the proposeo a~, ~ 2 A C C E P T A N C E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTI~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 490 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16, 2002: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of a conservation easement of approximately 8.9 acres of property from the Peconic Land Trust as contract vendee with Elaine Axien, for open space preservation purposes in accordance with Chapter 6 (Community Preservation Fund) of the Town Code, on the 16th day of July 2002, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the property is known as SCTM#1000-68-3-7 and is located at the end of Heary's Lane in Peconic, New York; and WHEREAS, the property is being purchased by the Peconic Land Trust, funded by private donors and the Peconic Land Trust is donating a conservation easement on the approximately 8.9 acre property to the Town; and WHEREAS, the property is wooded and contains some wetlands; and WHEREAS, there are two defined rights of way on the property that are subject to the rights of others and the rights of way are not part of the easement to be donated to the Town; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the offer of the gift of the conservation easement for open space preservation purposes, in accordance with Chapter 6 of the Town Code; no~v therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to accept the gift of a conservation easement from the Peconic Land Trust as contract vendee with Elaine Axien, for open space preservation purposes in accordance with Chapter 6 of the Town Code. The conservation easement is on approximately 8.9 acres and the property is located at the end of Henry's Lane in Peconic, SCTM# 1000-68-3-7. The exact area of the conservation easement to be gifted is subject to a survey. The total price will be acquisition costs associated with transfer of title of the easement to be gifted. Elizabeth A. Neville Southold Town Clerk C L 0 S I N G E X P E N S E S CLOSING STATEMENT PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Conservation Easement- 9.0119 acres Premises: 1105 Salt Marsh Lane, Peconic, NY SCTM #1000-68-3-7 Closing held on January 8, 2003 Southold Town Hall Gift of Conservation Easement Expenses of Closing: Closing Costs Reimbursement Payable to Peconic Land Trust, Incorporated 50% of expenses $ 6,629.93 Phase I Environmental Site Assessment Payable to Nelson, Pope & Voorhis, LLC $ 1,500.00 Those Present at Closing: John Romanelli Gregory F. Yakaboski, Esq. Melissa Spiro Susan Q. Tuths, Esq. Timothy J. Caufield Peri L. Youmans Abigail A. Wickham, Esq. Elaine Axien Eugene Massarella Southold Town Deputy Supervisor Southold Town Attorney Land Preservation Coordinator Attorney for Peconic Land Trust, Inc. Vice President, Peconic Land Trust Project Manager, Peconic Land Trust Attorney for Seller (Axien) Seller Friend of Seller INVOICE FOR AXIEN PROJECT Description of Services Hollrs Amount Intra-Office Consultation Meeting Preliminary Research/Meetings Project Mgmt & Implementation Telephone/Correspondence Travel Time Total Additional Charges Consultants Express Mail Photography & Aerial Surveying Costs & Copies Travel Reimbursement Total 19.00 I4.00 3.75 104.50 2.75 1.25 181.50 No Charge 1,085.00 No Charge 7,246.25 No Charge 81.25 $8,412.50 2,095.50 13.95 74.00 2,600.00 63.91 $4,847.36 Total Amount of Bill $13,259.86 ½ of Total Amount Due $ 6,629.93 ..Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Met'v~Y 11747 Fax: 631-427~5620 Invoice Property: 02194 Project: Axien Property Manager: McGinn, Steven VA00907 To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 1279 Invoice Date: August 22, 2002 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500.00 Contract Item #1 Prepare Phase 1 ESA Specified Fee: $1,500.00 *** Total Project Invoice Amount $1,500.00 All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after JO days. Please make all checks payable to NELSON POPE & VOORHIS Please include invoice number on check AUG 2 7 2oo2 TOWN ATTORNEY'S OFFICE TOWN OF SOUD'IOLD R E C O R D E D D E E D RECORDING PAGE iAG-.: ~t Ex.pt ~-~ $5.00 NO ~-STATE $25.00 NO Transfer ~ $1,000.00 NO C~.Pres $0.00 NO ~S~ T~ ~: 02-23302 F~s Paid $1,099.00 THIS ~ IS A P~T OF THE .INST~T E~ward P. ~ne Co~ Clerk, Suffolk Count~ June Scot Fidelity National T~tl~ Insurance Compan~ o~ New Yor~ Number of pages Stria! #. I~i~ Of: ~ .E FEES '1 Real I~y TN Service Agency V~ific~tion $~ t5 09:56:42 Eduard P. Rr~aine SJJ*:FOLK ~ 0OOO1223O P 432 DTg 02-25302 Rt.¢ocdin$ I Filing Stamps I. Basic Tax 2. Addhiond l'~x Sub Total Or Spec./Add. TOT. MTG. TAX The Ixope~y c~wcr:d by this mo~gege is __ of this ins~nv.'~c ' Community Pre~.~rvation Fund Satisfactions/Discharges/Releases List Pr~pedy Owne~ Mailing Addrcs~ TD 11) TD //2~ :/ [] /Title Company Information Suffolk Co~ty Recording. ~ '2 & Endorse~nt Page Ibis ~e lbm~ ~ of ~ at~ ~ · made by: I I (OVER) 'I'HIS INDENTURE. made the ~'/~ day of January. 2003 BE'IWEEN ELAINE AXJEN, residing at 2555 Youngs Avenue. Southold. New York 11971 party of the first part. and PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York corporation having its principal place of business at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11968, party of the second part, W1TNESSETH, that the party of the firat part. in consideration of Ten and 00/t00. , ($10,00) and other good and valuable consideration paid by the party of the second part. does hereby grant and release unto the party oi' the second parC the hairs or successors and assigns of the party of the r. econd part forever. COIViHENC~NG at a manument at the soefl*~easterfy career of the peeresses herein described where said prem~s thl:msec~ Lake~lew Avenue and Lot 7 On a certain map e~IUed, "Map of Peco~k; Knolls Map no; 6&07" filed 9/29/77 and from said point of beginning: RUNNING 'ITIENCE alcog the norb~ and easterly bouridaty of Map of Blue Horizons Map no. 7974 filed 1. North 82 degrees 20 minutes W,e~ 515.76 f~et to a p~nr4 3. North 31 degn~s 29 minutes 20 se~:zx~s.West, 296.75 [~et to lbo n~rtherty ~ne of a 33 Rx~t right of way; 1. Nod:h 82 degrees 49 minutes 00 ~ East, 352,30 2. North 67 degrees 50 minutes 30 seconds East, 263.62 feet; 3- N°rtb 81 degrees 22 minutes 00 seconds East~ 355.37 foot to the westedy line of said [and now or forelady of Cregory and .5~c7 Hlchelis; RUNNING THENCE ak~lg said [and and [and now or ~onTter~y of ~4ichetis, ~uth 51 degn~es 21 rrdnutes 00 seccx~$ Fa,~ 214,72 fee~ to the point m' place of BEG]NN[NG, Pert of tha Peemisns harein reserving to Ne~L<,oo A.x'Je~, his haim end assigns, a rtght of way over said 33 toot PrtVato r°ad and over said 20 foo~ dg~ of way over the eastedy part of i:he premises herein. direction of kx:atk~ of said 20 foot rkJbt of way, TOGETHER WiTH a 20 foof dghl: of way whk:fl runs soufltedy over bnd of Hahn and ~.J~ers to lbo codbedy comer of [and of Peo:mlc Homes Section 2; 'rhcmce ove~- a dght of way 16 V~ foot th vddth whlcfl runs J.6 V~ fo(~ rtght of way being for access beb~ceen land of F-Jalne Axion and the NocUI R~ad. B~]NG AJqD JN"IENDED TO BE tha same promises as conveyed to the party of tha §rat pa~t by deed pared 1/11/7J., recmded 5/17/71 tn Uhar 6932 page 206. TOGETHER with a~l right, title and interest, if any, of the party of the first part in and Io any streets and marls athbeUtting tho above dascnTaed promises to the center lines thereof, TOGETHER wit~ tho appurtenances and all eststs and rights of the party of the first pad in and to said pr~'nisas; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the senond part forever. AND the party of the first part covenants that the party of the §rst part has not do~e or suffered anything whereby the said pmmisus have haen encumbered in any way whatever, except as aforesaid. AND the party of the first parC in compliance with Sention 13 of the Lien Law, covenants that the pan'-./of the first part will receive · * - the consideration for this co,nveyance and will hold the right to receive such considemitoo aa a trust fund to be applied first for the pu~oo~e of paying the cost of the improvement and will appiy the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word 'party' shall ha construed as if it mad 'paNes' when ever the sansa of this Indenture so ¢equtra$. IN WetNESS 'WHEREOF, the party of the first pad has duly e~ecuted tilJS deed the .~and year tirst above E[ainc ^xicn STATE OF NEW YORK County of Suffolk I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of tho Supreme Corn1 of the State of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of Deed liber / ~.~ -~/7 at Page ~-~ Recorded /- /~'~ and that it is a just and tree copy of such original Deed and of the whole thereof. IN TESTIMONY WHEREOF, I hav.e hereunto ~tm, y hand and aftixed~e~l of said County and Court this ,~ day of ~'d /.v ~JO Form No. 104 BARGAIN AND SALE DEED EI. AJNE AXIEN TO PECONIC LAND TRUST, INCORPORATED p~ Commonwealth C O N S E R V A T I O N E A S E M E N T SD~'~LK COUNTY CT.~-~K RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP N-~er of Pages: 12 TRANSFER TAX NUMBER: 02-23303 District: 1000 Deed Amount: Section: Block: 068.00 03.00 EXAMI~ AND CHAI~EDAS FOLLOWS $0.00 Recorded: 01/15/2003 At: 09:56:42 AM LIBER: D00012230 PAGE: 433 Lot: OOq. O00 Received the Following Fees For Page/Filing $36.00 COE $5.00 TP-584 $5.00 Cart. Copies $0.00 SCTM $0.00 Comm. Pres $0.00 TRANSFER TAX NUMBER: 02-23303 THIS PAGE IS Above Instrument Exempt NO Handling NO NYS SURCHG NO Notation NO RPT NO Transfer tax NO Fees Paid A PAXT OF THE INSTRUMENT Exempt $5.0O NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $96.00 Edward P.Ro~aine County Clerk, Suffolk County TORRENS Serial # Comm. of 'Ed. ,50Q Other tS/ __ Sub Total GRAND TOTAL f Real Property ]'ax Scrvice~A§ency Vet'ification L .Dis!. Section B lock { n~ 1000 06800 0300 OOTO00 Stamp Init~fls Satisfactions/Discharges/Releases List Pro~eny Owners Mailing Addres~ RECORD & RF. TURN TO: Town of $outhold 53095 Main Road $outhold, NY 11971 RECL'~ED 20CG Sa~ 15 09:5~:42 p,~ Edward P,Romaine CLEP~ OF ~UFFOLK L P DT# Recording / Filing Stamps Mortgage Amt. 1. Bask Tax 2. Additional Tax Sub Total SpecJAssiL Or Spec. 1Add. TOT. MTG. TAX Dual Town Dual County Ileld for. Appo~llonmcnt ..... T~ns for Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES--or NO - If NO, see spproprJale lax clause on page __ ofthis inslmmem. Preservation Fund Consideration Amount $. CPF Tax Due /' :mpruved -- ~acant Land '~/~ ¥o /0 rD TD Title Company Information Co. Name Title At Suffolk County Recording & EndOrsement Page 'ibis rage fores ~ orthe attached Conserva t; i on Eaaemen t' made by: (SPrr~IFY TYPE OF INS'IRUIVI~ ) 'lbs p~n~s h~min is situated in Pecoh/c Land ?rust SUFFOL~COUNT~,NI~.WYOR]C TO In the Tovmship or Sbuthold Town of Southold In the VJl.LAGE or HAMI,E-r of Pec_~nic BOX -ES 5 'I%IRU 9 MUST BE'[¥PED OR PPJ~r ~[ED IN BLACK [NK ONLY PRIOR TO ~RECORD(NG OR HLING. (OVER) CONSERVATION EASEMENT ~oo-a TIllS DEED OF CONSERVATION EASEMENT, !s made on tbe ga' day of January 2002, at Southold, New York. Thc parties am thc 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 ~. 1969 (bemin call "Grantor") and the TOWN OF SOUTHOLD. a Municipal Corporation, having a principa{ office at 53095 Main Road. Southo]d, NY 11971 (herein called Grantee). INTRODUCTION. WHEREAS. Grantor is the owner in fee simple of 8.9-arms of real property located in the ham[et of Peconic, in the Town of Southold. Suffolk County New York. identified as SCTM # 1000~8-3-7 and is more fully deseribed in SCHEDULE A attached hereto, made u part bereof, and hereinafter referred to as the "Properly"; and WHEREAS, Grantor wishes to grant a Conservation Eaacmenl on Ihe 8.9-acre pan:el of Property so that thc Property shah remain in its open, undeveloped, natural and scenic state; and WHEREAS. the Property contains freshwater wetlands that should be preanrved pursuant to Section 97-10 to 97-33 of thc Code of the Town of Southold known as "Wetlands", tot the purpose of protecting, preserving, and maintaining thc Town's wctlands for the protection of its cilizens; and WHEREAS, the Property contains freshwater wetlands that should be prolecled and preserved pursuant to Ihe New York State Department of Environmental Conservation Article 24, 6NYCRR Part 662; and WHEREAS, it is the POlicy of the Town of Southold, aa articulated in thc Town's Master Pian 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, Article 57 of the New York State Environmental Conservation Law, Section 57-0101, et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," dec[amd it to be in the public interest to protect and manage the Pine Barmns/Peconic Bay marilime system, including the Property; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have. in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, open space, and natural resource; and WHEREAS, Grantee has determined it to be desirable and bencficial and has requested Grantor. for ilself and its successors and assigns, to grant a Conservation 'Easement to Grantee in order to restrict the further development of the Property while permilting compatible uses thereof; NOW THEREFORE: 0.01 Gramor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, tree of any mortgages or liens and possesses the right to grant this 0.02 Grantee's Status Grantee warrants and repreaeots to Gmntor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and authorized under Section 64 of the New York Town Law and Section 247 of tho New York General Municipal Law to acquire fee title or lesser interests in land, including dcvelopmant rights, easements, covenants. and other contractual rights, which may be necessary or desirable for the preservation and retention of open spaces and nalural or scenic resources. 0.03 Purpose Thc parties recognize thc environmental, natural, scenic, 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 tho Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in parpctuity for its environmental, seedic, open space, and natural values by preventing the uso or development of the Property for any purpose or in uny manner contrary to the provisions hereof, in furtherance of federal. New York State and local conservation policies. 0.04 Granree's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property. 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. Q.05 Documentation Grantee acknowledges by acceptance of this Easement that presenl uses of thc Proporty am compatible with thc purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at tho time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's resources and otherwise to aid in identifying and documenting thc Property's open space values as of thc date hereof, to assist Grantor and Grnntc~ with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantor has prepared, with Grantee's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Bascliuc Documentation includes, bu{ need not be limited to. a Conservation Eusemenl Map marked EXHIB IT A, an aerial photograph, photographs of the Proporty, a topographical map, u description and site plan of existing land uses, features, and stroclures and an acknowledgment page signed by Grantor and Grantee which verities that the Baseline Documentation report accurately represents the condition of the Property at the time of thc easement. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extera of the Granror's uses of the Property or its physical condition as of thc date hereof, the parties shall not bo foreclosed from utilizing any other relcvaut or material documents, surveys, reports, photographs, or other evidence to assist in the reanlotion of thc controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promise, a, undertakings, and forbearances contained in this Euscmcnt, thc parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Conservation Easement (heroin called the "Easement"). This . Easement shall consist of ~he covenants, restr;ctions, rights, terms, and conditions recited heroin.. Reference to this "'Eusemcnt" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and condilions. 1.02 Duration This Eaacment shall be a burden upon and run with thc Property in perpetuity. 1.03 Effect This Easement shall run with thc Property as an incorporeal interest in the Property. and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors '.md assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests heroin granted lo Grantee shall also be deemed granted to each and every one of its subsequent agents, succcssol~, and assigns, and thc word "Grantee" when used hcrein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR. as an absolute gift hereby grants, releases, and convcys to Grantee this Easement. in perpetuity, together with all rights to enforce it. Grantee hereby accepts Ihis Easemcnt n pcrpetu ty, and unde~akes to enforce t against Grantor. ARTICLE THREE PROHIBITED ACTS From and after thc date of Ihis Easeraent, the following acts, uses and practices shall be prohibited forever upon or within thc Property: 3.01 Structures Except for the construction of one (1) shed for storage as allowed in Section 4.05, the construction or placement of residential, commercial, or industrial buildings, structures, or improvements (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property shall be prohibited. All other structures and improvements including the shcd. thc construction and maintenance of trails for non-motorized vehicular use. and acer.ss drives shall be prohibited without the prior v, xitten consent of Grantee, which shall not be withbeld if the structure, improvement, or activity does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials; Mining Thc excavating or filling of thc Property shall be prohibited without the prior written consent of Crr'antcc, which shall not be withheld if the activity docs not defcat or derogate from the purposes of this Easement. Mineral exploitation, and extraction by any method, surface or subsarface, is prohibited. Thc removal of topsoil, sand. or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on thc Property and for purposes of crosion control and soil management, without thc prior written consent of Grantee, which shall not bc withheld if the ARTICLE FOUR GRANTOR'S RIGIITS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly descried in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the fight to exclusive possession of the Property. 4.03 Use Grantor shall have thc right to usc thc Property in any manner and for any purpose consistent with and not prohibited by this Easement as well us applicable local, New York, State. or federal law. 4.04 Timber, Removal of Vegetation and I.andscapim~ Activities Except as provided in Section 3.06, Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. 4.05 Structures and Imnrovemenls Grantor shall have thc fight to erect and maintain thc following non-residential structures and improvements on the Prope~'ty with the prior written consent of Grantee, which consent shall not be withheld if the structure or i~provement does not defeat or derogate from Ihe purpOseS Of this Easement. Such structures and improvements include, but a~ not limited to: (i) One sbeg/signs, and benches, related to trail use -- (ii) Access drives, trails, footpaths related to trail use (iii) Fences In thc event of damage resulting from casualty to an extent which renders repair of any existing improvements 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 lo the review and written approval of Gmatee. 4.06 NotJcc Grantor shall notify Grantee. in writing, before taking any action or before exercising any re~rved right with respect to the Property. which could adversely affect the environmental. scenic, open space, and agricultural values which are the subject of this .Easement. 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 shal) have the right to convey all or any pan of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee or any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any soch conveyance shall specifically set forth that the interest thereby conveyed is subjecl to this Easement. without modification or amendment of the terms of this Easement, and shall 5 incorporate this Easement by reference, specifically setting for the dele. office, libor and page of the recording hereof. The failure of nny such instrument to comply with the provisions hereof shall not affect Grantee's fights hereunder. As sct forth in Chapter 59 and Chapter 6 of thc Town Code of thc Town of Southold OPEN SPACE acquired by thc Town pursuant to the pr~visions of those chapters shall not thereafter be alieueted, except upon [he affirmative vote of n mnjofity of the Town Board after u public benfing and upon the approval of the electors of the Town voting on a proposition submitted at u special or biennial town election. No subsequent amendment of the provisions of those Chapters shall ahcr thc limitations imposed upon thc alicnation of devclopmcnt rights acquired by the Town prior to any such amendment. ARTICLE FIVE GRANTOR'S OBLIGATIONS .5.01 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 condilion 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. 5.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employces, agents or independent contractors msuhing: (a) from injury tO persons or damages to property arising from any activity on the Property, except those due solel~ to the acts of the Grantee, its officers, employees. agents, or independent contractors; and (b) from actions or claims of any nature by third panics arising out of the entering into or exercise of dghts under this easement, excepting any of lhose matters arising solely from the acts of Grantee, its oftlcors, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Emrv and lnsoortion Grantee shall havc the right to enter upon thc Property at reasonable tim~, upon prior notice to Grantor, and in a manner that will not interfere with Omntor's qalcl usc and enjoyment of the Property, for the porpose of inspection to determine whether this 'Easement and its purposes and provisions are being upheld. Grantee shall not have the fight IO enter upon thc Property for any other purpose, except as provided in Section 6.01, nor to permit access upon the Property by the public. 6.02 R~toretion Grantee shall have the fight m require the Grantor to restore the Property to the condition required by this 'Easement and to enforce this right by any action or proceeding Ihnt Grantee may reasonably deem necessary. However. Grantor shall not be liable for any changes to the Prupeny 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, aba/e, or mitigate significant injury to persons or to the Property resulting from such causes. 6 I 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees thal 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 Gramee hereunder at law or in equity, in thc event any breach, defaull or violation of any term. provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this -'Easement is not cured by Grantor within fifteen (I 5) days notice thereof by Grantee (which notice requirement ia 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 fight ut Grantor's sole cost and expense and at Grantee's election. (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon thc Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of thc 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 fight or available remedy on Grantee's p'.u't with respect to such breach, default, or violation or with respuct to any other breach, default or violation of any term. condition, covenant or obligation under lhis 'Easement. In the event that Grantee prevails in any legal proceeding brought under the provisions of lhis Section 6.04, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs a~d other expenses incurred by Grantee (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 failuro 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 Assienabilitv Grantee shall have the fight to assign any and ail of its rights and responsibilities under this 'Easemenl, and any and all of its fights, title and interest in and to this Easemenl only to a qualified organization (herein called "thc Assignee"). As used heroin: the term "qualified organization" means a not-for-profit conporation, or a govemmeetal 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(hX4'}(A) of the code. Any assignment by Granlee or a successor Grantee must require the Assignee or Assighee's successors to uarcy out the puq~oses of this Easement. The Assignee and irs successors and assigns shall have the same fight of assignment, subject to compliance with the provisions of this Section 6.06. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to axial or ceases to be a qualified organization under I.R.C. Section 170(hX3), then this Easement shall be vested in such qualified coq~oratien, body or agency as I! defined and upon the conditions contained in Section 6.05 as Ihe 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 F. asement and all of its rights, title and interest in and to this Easement to a qualified organization, tben the rights and responsibilities under this Easement shall become vested in another qualified organization, in accordance with acy pres proceeding brought in any court of competent jurisdiction. 5.07 Eatin~uishment This Eascmcnt gives risc to a property right and interast immediately vested in thc Orantee. For porposas of this Section 6.07, the fair market value of such right and interest shall be equal to thc 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 thc fair markcl value of the Property uncncumbered by this -Easement. is beminaftcr referred to as thc "Proportionate Sham"). In tha event a material and potentially unl~oresecablc changc in thc conditions surrounding thc Property makes impossible its continued use for the purposes contemplated hereby, resulting in an cxtinguishmcnt of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of thc Property at such time. In the event of a sale by Cirantor to un unrelated person subsequent to such extinguishment, or a transfer made on account of thc exercise of the power of eminent domain, thc sale price or condemandon award shall establish fair market value. Absent such a sale, the Property's fair markct value shall be astab[ished by independent appraisal. If all or any part of thc Property is taken under the power of eminent domain by public, corporate, or other authority, or othenvise acquired by such authority through a pun:ha,se in lieu of a taking, so as to abrogate thc restrictions imposed by this Easement or otherwise effectively to frustrate thc 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 subjcct to the taking and ail incidental or direct damages resulting from the taking. All expenses reasonably incur'~d by thc panics to this Easement in connection with such taking shall be paid out of the recove~:t proceeds. Grantee shall be entided to thc Proportionate Sham of the remaining recovered proceeds. Grantee shall use such proceeds ~tuuily recovered by it in a manner consistent with the purposes of this Faisemcnt, Thc respective rights of C~rantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limiration of, any dghts 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 a.,~ aforesaid. :1 ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandine: This Easement contains thc entire understanding between its panics concerning its subject matter. Any prior agreement between the parties concerning its subject matler shall be merged into this Eesemant and superseded by it. 7.02 Amendmenl This 'lF. asen~nt can be terminated or modified in accordance with Ihe common and statutory law of the Sram of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall muluaily have thc right to agree to amendments to this Easement that lu~ not inconsislant with the purposes of this Easement set forth in the Introduction hereof: provided, however, that Orantee shall have no right or power to agree to any amendments hereto that would result in Ihis Easement failing to qualify us a valid Conscrvtuion 'Easement un~r Article 49, Title 3 of the Environmental Conservalion Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant therelo. I1,1 7.03 Sevembilitv Any provision of this Easement mstrictlng Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall bc refaced or limited to whatever extent that court determines will make it enforceable and effective. Any otber provision of this Easement that is dctcrmined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforccable and effective. 7.04 Notice All notices rcquired by this Easemcnt must be wdtten. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address ~s recited herein, or to such other address as Grantor may dasignare by notice in accordancc with this Section 7.04. Mailed notice to Grantee shall be addressed lo its principal office, recited herein, marked for the attantion of d~c President. or lo such other address us Grantee may designate by notice in accordance with this S~ction 7.04. Notice shall be deemed given and received as of thc date of its manual delivery or thc date of its mailing. 7.05 Governing Law New York Law applicable to dccds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, br~ach, violation and performance. 7.06 Interpretation Regardlcss of uny contr,=y role of conslruclion, no provision of this 'Easement shall be construed in favor of one of the pm'lies because it was drafted by thc other party's attorney. No alleged ambiguity in this F.~ement shall be construed against the p',~ly whose attorney drufted it. If any provision of this Easement is ambiguous or shall be subject to two or more intenpretations, one of which would rendcr that provision invalid, then thut provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of thc restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this'E~scmcnt shall be interpreted bruudly to effect the purposcs of this 'Easement as intended by the parties. Thc pa~ies intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his fighl to ~ thc Property, except as otherwise recited herein, be construed at all times and by ail parties to effectume its purposes. 7.07 P~blic Access Nothing contained in this Easement grants, nor shall be interpreted to gmat, thc fight of the public to emcr upon the Property without thc express permission of Grantor. 7.08 Warrantics Thc warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in thc land records of the office of thc Clerk of thc County of Suffolk, State of New York. 7.10 Headints Thc headings, litles and subtitles herein have becn inscrtcd solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted =nd received this Deed of Conservation Easement on the day and year set forth above. I I ACKNOWLEDOED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantor) Tir~t~}(_J~ C~I~ Vice P're~de n! ~ ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUT~-IOLD (Grell~/le) ~lt~ M. Romanelli I~uty Supen, isor STATEOF NEW YORK ! COUNTYOFSUFFOLK ) SS: On this ¥ day ogT-~'.-', in thc year 2003 before mc, thc undersigned, personally appeared Timothy J. Caufield, personally known to mc or proved to me on the basis or satisfactory evidence mbc the individual whose name is subscribed to the within instrument and acknowledged to mc that he exccetcd thc same in his capacity, and thai by his signature on the instrument, the individual, or thc person upon behalf of which thc individual acled, executed lhe instrument. ROBERT DEFRESE //~//'/~)~ ~l~r'" Notary Public. State of New York · ' ., _,~n~',~'//-Y NO. 01DE5035117 W ~ · --J 9 ~ ' ~ire* Octo~r 24, COU~Y OF S~OLK ) SS: On this K day of,..~a'~-in the year 2003 before mc. thc undersigned, personally appeared John M. Romanelli. personally known to mc or proved to me on the basis of salisfactory evidence to be the individual whos~ numc is subscribed to the within instrument and acknowledged to mc that he executed the same in his capacity, and that by his signature, on thc instrument, thc individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ROBERT DEFRESE /~/'~.I)~"~.T ,,,~'~.~i~' NotaryPubllc, State of New York NO. 01DE503511 ? 'O~'~'~t/~C~/' Qualified in SUffolk County t,~ U~qtl, ~' U/l~/eOl-------~ Commission E;$pjre~i October 24, ~../ge SCHEDULE A: Metes and Bou~d~ Descnpnon of the Property SCHEDULE A Il AMENDED 1/3/03 ALL that certain plot, piece or parcel of land, siluutc, lying and boing al Pccoalc, Town of Southold, Suffolk County, New York, bounded and described as follows: COMMENCING at a monument at thc southeasterly comer at the premises herein described where said premises intersects Lakcview Avenue and Lot 7 on a certain map entitled "Map of Pceoalc Knolls Map No. 660T' filed 9/29/77 and from said point of beginning; RUNNING THENCE South 27 degrees 53 minutes 50 seconds West, 479.13 feet along the northwesterly boundary of said map/16607; RUNNING THENCE along the nottheasteriy and easterly boundmy of Map of Blue Horizons Map No. 7974 filed 9/30/85; 1. North 82 degrees 20 minutes West, 515.76 feet to a point; 2. North 80 degrees 05 minutes West, 225.77 feet to a monument; 3. North 31 degrees 29 minutes 20 seconds West, 296.75 feet to the northerly.line of a 33 foot r/ght of way: RUNNING THENCE along said right of way three courses and distances: 1. North 82 degrees 49 minutes 00 seconds 'Fast, 352.30 feet; 2. North 67 D/~grees 50 minutes 30 seconds least, 263.62 feet; 3, North 81 degrees 22 minules 00 seconds Easl, 355.37 feet to the westerly lin= of said' land now or formerly of Gregory and Stacy Miehelis; RUNNING THENCE along said land and land formerly of Michel is, South 51 degrees 2 I minutes 00 seconds East. 214.72 feet to the point or place of BEGINNING. EXCEPTING from the Conservation Easement a 33 foot private road and a 20 'foot right of way over the easterly pan of the premises herein reserving to the party of the first part, his heirs and assigns, a right of way over said 33 foot privale mad and over said 20 foot right of way over the easterly part oftbe premises herein. EXCEPTING from the Conservation Easement a 20 foot right of way which runs southerly over land of Helm and others to the northerly comer of land of P¢¢onic Homes Section 2; THENCE over a right of way 16 ½ fcc! in width which runs southerly along the easterly side of land of Peconic Homes to the North Road, said 20 foot right of way and 16 ½ foot right of way baing for access between land of the party of the first part and Nor~ Rood, P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing John Cushman FROM: Melissa Spiro, Land Preservation Coordinator Open Space Easement Acquisition E. Axien Property, SCTM# 1000-68-'3-7 DATE: January l6,2003 Please be advised that the Town has acquired a conservation easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: MISC: 68-3-7 E. Axien Conservation Easement was acquired on 1/8/03 Easement gifted by Peconic Land Trust. Town paid share of costs associated with transfer of title. 9.0119 acres Property was purchased fi.om E. Axien by the Peconic Land Trust. PLT purchase was funded by private donors. The Peconic Lm~d Trust donated a conservation easement on the 9.0119 acre property to the Town. The easement was acquired under Chapter 6 for open space purposes. ~ :.' =ilo Edit v et,', Toolba~ ,,,,rlrl~$,-~t,, d~lE, 68.-3-7 473889 Southold Active R/S,8 School $outheld School Peconic Land Trust. 110§ Salt Marsh Ln · - i Perce168.-3-7 E~empMs] .._ Spec Dist[ _ D e:.'.nript'on ~ Ownerisl Site I1) Res Sa e01/08/03 PollYear: 2009 Next Vr lies vac land LandAV: 2.100 Land Size: 9_ DO acres T oral AV: 2.1 OB Owner Tax Bill MailingAddress 3rd Party Address Bank Total 1 Owne[s: To open. click lhe appropriate ro~ IRiqht Click lo Addl Last Name / C, ompany: Peconic Land Trust At[enrich To /In Care Fire Name Add~honal Adaress: ,:; Mi Jr...r otc PoBox N,: City/Town 1776 Southampton Country: enter if net UBA" P[efix Dir: 3treet / Rural Route: St Suffix,'.: Post Di[: UnitName: Unit Ho State: Zip Code: NY ~11968- Bar Cd Ownership: e.g. Life U~e Owner Type: ~RUST P = Pdma,~ A E R I A L S 2 0 0 3 S I T E V I S I T Location Page for Photographs Photographs Taken: February 6, 2003 Peconic Blnffs (Axien) Preserve Pho~ograPhS Taken Febraary 6, 2083 1. North we~t comer of property. 2. Northwest corner of property looking south. 3. Northwest corner of property looking east. 4. Southwest cornerstone of preserve looking north. 5. Southwest cornerstone looking west at Homan boundhry Kine: 7. Vernal pond on central section of preserve. 8. Woodland on southern boundary. 9. Southern edge of property overlooking 10. Southern boundary looking east at Stafford proPerty. 12. Sig~ Henrys Lane looking east. 13. East boundm'y looking south t° preserv~ fOad~ l 4. Lakeview Ave. looking east. l 5. Lakview Ave. looking westerly on northern bounda~ 0f PreServe. 16. SurYeyors post to mark closed well on north east boUndary. 17. Northeast comer of property. 18. Northern boundary right of way. 19. Looking south from north boundary line into preserge. 20. Right of Way on Northern boundary. S U R V E Y AREA -- 9.0119 ACRES CERTIFIED TO* PECONIC LAND TRUST THE TORN OF $OUTHOLD FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK · =HDNUHENT · =PIPE SURVEY OF PROPERTY AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. 1000--$8-05-07 $C4I.~: ~EPT~ 12, 2002 SEPL 25, 2002 (cerlllicotO~) NOV. 6, 2002 fwe~loc. I LIC, ND, 49618 (631) 765-5020 FAX (631) 765-1797 P~ D. BOX 909 $OUTHOLD, N.Y. 11971 0~--~9 Peconic Bluffs Preserve Suffolk County Tax Map # 1000- 68-3- 7 9.0119 Acres Southold, New York Peconic Land Trust is a nonprofit, tax-exempt conservation organization dedicated to the preservation o£ rain, land and open space in New York State. The Trust acquires and managcs and as well as cascments for conservation purposes. In addition, the Trust assists farmers and landowners in the identification and implementation of alternatives to full-yield development. To datc, thc Trust has protected over 5,000 acres through testamentary gifts, conservation easements, and fee ownership. I I I Peconic Bluffs Preserve Town of Southold Suffolk County Goldsmith Inlet~ Pe~onicv; S 0 Sch H 9.0119 Acres USGS Quad: Southold, NY ARF~ - 9.0~9 ACRI~ SURVEY OF PROPERTY AT PECONIC TOWN OF $OUTHOLD SUFFOLK COUNTY , N.Y. j 0, -2#9 Location Page for Photographs Photographs Taken: February 6, 2003 Peconic Bluffs (Axien) Preserve Photographs Taken February 6, 2003 1. North west comer of property. 2. Northwest comer of property looking south. 3. Northwest comer of property looking east. 4. Southwest cornerstone of preserve looking north. 5. Southwest cornerstone looking west at Homan boundary line. I I I I I I I I I I I I I I I I I I 7. Vernal pond on central section of preserve. 8. Woodland on southern boundary. 9. Southern edge of property overlooking Stafford property. 10. Southern boundary looking east at Stafford property. I I I I I I I I I I I I I I I I I I 11. Sign at entrance to 12. Sign for road entrance at Henrys Lane looking east. I I I I I I I I I I I I I I I I I I 13. East boundary looking south to preserve road. 14. Lakeview Ave. looking east. I I I I I I I I I I I I I I I I I I I 15. Lakview Ave. looking westerly on northern boundary of preserve. 16. Surveyors post to mark closed well on north east boundary. 17. Northeast comer of property. 18. Northern boundary right of way. I I I I I I I I '1 I I I I I I I I I I 19. Looking south from north boundary line into preserve. 20. Right of Way on Northern boundary. I I I I I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!111111111111111111111 I IIIIIIIIIii11111111111111 I . I ! Received the Following Fees For Above Instrument Exempt Exempt I Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO NYS SURCHG $15.00 NO EA-CTY $5.00 NO EA- STATE $25.00 NO I TP-584 $5.00 NO Cert. Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer ~ax $1,000.00 NO Co~m. Pres $0.00 NO I TRANSFER TAX N~H~ER: 02-23302 Fees Paid $1,099.00 THIS PAGE IS A PART OF THE .INSTRUMENT I ~&iward P. Ro~a~ne Count~ Clerk, Suffolk County I / June Scott I Fidelity National Title Insurance Company of New York 24 COMMERCE DRIVE, RtVERHEAD, NEW yORK 11901 r/~4.6) 727-0600 FAX: (,ra:~}) 727-0606 (.3t - G3t-- I Numbe~ofpages 20~ Jan t5 09,'~6:42 C~ificme ~ P 4~2 4 I FE~ F~-5217 (~te) S~./~ ~ ~ -- will ~ improved by a one or two Family ~ T~ d~[l~8 only.  ~. [ S~i~ I .1~ I .... Conside~lJon Amount ~ ' 03~1~ ~000 0~800 0300 009000 CI'I~'I~ Due $ ~acanl Land 'H) TD J~.)~ //9~Y ~ Title Company lnformation Suffolk Co ty Recording & Endorse t Page l~is ~c fomn ~ of~ ~ ' ~ made by: TO (SPEOFY TYPE OF INSTRUMI~T) 'the premises herein is sitmled in SLI]TOLK COUNq'Y, NEW YORK. In fie VILLAGE /'7 or HAMLITI' of ~ BOXES 5 'ITIRU 9 kRJST BF. TYPED OR PKINFED IN BLACK INK ONLY PRIOR 'ID RECOICL~NG OR FILING. (OVER) I I' I I I I I I I I I I I I I I I Form 32~0 THIS INDENTURE. made the ~H,/, day of Janua~. 2003 BETWEEN ELAINE AXIEN, residing at 2555 Youngs Avenue, Southold, New York 11971 party of the first part, and PECONIC LAND TRUST, INCORPORATED, a not-f~'-profit New York corp~ation ha~in~ ~ pr~cipal place of business at 296 Hampton Road, P.O. Box 1776, Southampton. New York 11968, pa~y of the cecond part. WITNESSETH, Ihat ~e par~ of the first part. in coe, sidera~,on of Ten and 00/100 ($10.00) and ot~'ter gond a~l v-atual~e cons~era~o~ paid by the pan~y of the ~w:ond pa~ doss hereby grant and rMease unto the Party (~( the second pa/t. the heks or mJCCeSso~s and assigns of the pa~ty of tJm secend pa~t forever, CON~ENC~IG at a m~nument at the souUt~erty com~ of the ~nlses herein de~:dbnd where said Prendses Intwsecb; Udcevtew Avenue and Lot 7 on a certain map .ertl. ~ed~ _. '~4ap of Pectic Knolls Map no; ~ fl~ 9/29~ a~ ~ ~ ~nt ~ ~ln~: 2. ~ ~ ~ 0S ~n~ ~ ~.~ ~ m a ~ 3. ~ 3~ ~ ~ ~ 20 ~-W~ ~.75~ ~ ~ ~ ~a ~ ~ ~; {. N~ ~ ~4g ~ ~ ~ 352.~ ~ 2.~ 67~ ~n~ ~ ~ ~ ~3.62 ~ 3. ~ 8~ ~ ~ mi~ ~ ~ P~ ~5~7 ~ ~ ~ E~ ~ ~ ~ mf~ RUNN~ ~ a~ ~ ~ a~ ~ ~ m ~ ~ M~ ~s ~ 2~4.~ ~ ~ ~ ~i~ ~ ~ ~ ~NNZNG, ~R~ ~ ~n ~ ~ N~ ~, h~ ~ ~ ~, a ~ ~ ~ 33 ~ di~ ~ ~ ~ 20 ~ ~t ~. ~ ~ ~~ ~ 2; ~a ~y ~6 ~ f~ln~ ~ m~ TOG~HER ~ aB ~ U~ a~ ~m~ ~ a~, ~ ~e ~ ~ · e~and ~h~ ~e~of~t~a~ p~;TO AND~efi~t pa~n~~e~ ~s~~i~ w~ ~ ~ ~ ~ ~n e~m~ ~ a~ ~y ~atev~. ex. pt ~ ~. ~D ~ ~ ~ ~ ~ ~ ~ ~l~n~ ~ S~n 13 ~ ~e L~n flint ~ ~ ~Ne ~ ~e=~ ~r ~s ~a~ and ~ ho~ fi~l ~ ~e ~ ~ ~ ~st ~ ~e Jm~ve~nt ~ ~i~ any ~ of ~ ~1 ~ ~e ~me ~ ~y o~er ~. ~e w~ '~' ~all ~ ~ as ~ ~ m~ '~s' w~ ~er ~e ~n~ of ~s ~u~. IN ~ ~REOF, ~e ~ of ~e fi~t ~ ~ d~y ex~__ Elai~ STA~ OF ~W YO~ ss of New York in ~d for ~d Co~ (~m ~o~ m ~ve compar~ ~e ~ex~ ~d ~at it is a j~t ~ ~e m~ el such on~ [ m of ~ whole m ~ ........................................... ~~ ~ c~ Fo~ No. 104 m ~ (~ m E~NE ~IEN TO m ~ Commonwealth I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP ~mher of Pages: 12 TRANSFER TAX NUMBER: 02-23303 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: section: Blook: 068.00 03.00 EX~MI~u AND CHARGED AS FOLLOWS $o.00 01/15/2003 09:56:42 AM D00012230 433 Lot: 007.000 Received the Following Fees For Page/Filing $36.00 COE $5.00 TP-584 $5.00 Cert. Coples $0.00 SCTM $0.00 Comm. Pres $0.00 TRANSFER TAX NUMBER: 02-23303 THIS PAGE Above Instrument Exempt NO Handling NO NYS SURCHG NO Notat/on NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $96.00 Edward F.Rc~aine County Clerk, Suffolk County I I I I I I I I. I I I I I Deed / Mo~gage [ns~ument Deed / Mortgage Tax Stamp 4 FEES Page / Filing F~e ~ Ilandlln8 TP-584 ~// __ Notation q~ gA-52 I? {County) __ Sub lUtal E^-5217 (State) Com. of .Ed. $ OO Real Property Tax Scvvice Ag~-flcy Vedficatlon S~fi~factlon~/Di~eh~rs~/Rel~st~ List ?rop~rty Ownem M~ili~ Town of $outhoLd 53095 Hain Road Southold, NY 11971 20KG Jan 15 09:56:42 Edward P.Romaine C. LE~ OF ~UFFOLK C0C~IT¥ L ~o0012250 P455 Recording / Filing St~ml~ Mortgage Am{. I. Rasic Tax 2. Additional Tax Sub Total Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for. Apportionment ..... Transfer Tax (~ Mansion Tax 'Hte property covered by this mortgage is or will be improved by a one or two family dwelling only. If NO, see appropriate tax clause on page 0 Proscrvation Fund Considcratlon Amount $. CPF Tax Due . ' $ (') 'I'D TD Title Compnny Informnlion Suffolk 'Ibis pogc forms ~ of the attached Peco~lc Land Trust TO Torn of Southold & EndOrsement Pa Conservation Easement' n nde by: (SPEOFY TYPE OF INS~RUMI~T) 'lhe ix~mises herein is situated in SUFFOLK COUNTY, NEW YORK. In Ibe Township of Sbu e. ho In the VII.LAGE or HAMI.EI' of =, .... BOXES 5 'ITIRU 9 MUST BE TYPED OR PRIN' .I'ED IN BI.ACK INK ONLY PRIOR TO .RECORDING OR FILING. {OVER) CONSERVATION EASEMENT ~ TIllS DEED OF CONSERVATION EASEMENT, i.s made on thc 8s' day of January 2~n'2~2, al Southold, New York. The p:mics are the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporntion~ having a principal office at 296 Harapton Road, P.O. Box 1776, Southampton, New York ! 1969 (herein call "Grantor") and the TOWN OF SOUTHOLD, a Municipal Corporation, having a principal office at 53095 Main Road, Southold. NY 11971 (herein called Grantee). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 8.9-acres of real property located in the hamlet of Peconic, in the Town of Southold. Suffolk County New York. identified ;is SCTM # 1000-68-3-7 and is more fully described in SCHEDULE A attached hereto, made a part hereof, and hereinafter referred to as the "Property"; and WHEREAS, Grantor wlshcs to grant a Conservation Easement on the 8.9-acre parcel of Property so that the Property shall ri:rosin in its open, undeveloped, natural and seanic state; and WHEREAS, the Property contains freshwater wetlands that should be preserved pmsuant to Section 97- l0 to 97-33 of the Code of thc: Town of Southold known as "Wetlands". for the purpose of protecting, preserving, and malntaining thc Town's wetlands for the protection of its citizen,~; and WHEREAS. the Property contains freshwater wetlands that should be protected and preserved pursuanl to the New York State Department of Environmental Conservation Article 24, 6NYCRR Pan 662; and 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 Soulhold 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 protecl the Town's resort and agricultural economy; and WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section 57-0101, et.seq., cntitled "Long Island Pine BreTOnS Maritime Reserve Act," declared it to be in the public interest to protecl and manage the Pine Bar~ns/Poconic Bay roaridroe system, including the Property; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Orantee have, in common, thc purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Propcrty as an acstbetic, open space, and natural resource; and WHEREAS. Grantee has determined it lo be desirable and beneficial and has requested Grantor, fur itself and its successors and assigns, to gnmt a Conservation -Eascment to Grantee in order to restrict the further development of the Property while permitting compatible uses tbereof: NOW THEREFORE: 0.01 Qrantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Preperty described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this 0.02 Grantee's Status organized and existing under thc laws of the State of New York and authorized under Section 64 of the New York Town Law and Section 247 of thc Nuw York General Municipal Law to acquire fcc title or lesser interests in land, including development fights, easements, covenants. and other contractual fights, which may be necessary or desirable for the preservation and 0.03 Thc parties ~cognizc thc environmental, natural, scenic, and open space values of the Property and have thc common puq~ose of preserving these values. This Dced is intcndcd to convey u Conservution Easement on the Property by Grantor to Grantee, cxclasively for thc puq~osc of preserving its open apace character in perpctuily for its environmental, scenic, open space, and natural values by preventing thc usc or development of the Property for any purpose or in any manner contrary to thc provisions hereof, in furtherance of federal. New York State and local conservation policies. 0.04. Gmntcc's Warranty Onmtec warrants and represents that it possesses the intent and abilily to enforce the terms of this Conservation Easement on the Property, 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. 0.05 Documentation Granlee acknowledges by acccptancc of this Easement that present uses of the Property are compatible with the puq',oses of this Easement. Grantor has made available to Grantee sufficient documcotution to establish the condition oftbe Property at thc time of the gift of this Easement. In order to aid in identifying and documenting thc present condition of the Property's resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist Grantor and C]rantee with monitoring the uses and activities on the Property and ensuring compliance with the tenos hereof, Grantor has prepared, with Oranteu's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited m, a Conservation Easement Map marked EXHIBIT A, 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 verities that the Baseline Documentation report accurately represents the condilion of the Pruperty at the time of the easement. Grantor and Grantee acknowledge and ague that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of thc date hereof, the parties shall not bc foreclosed from utilizing any other relevant or matedal documents, surveys, repons, photographs, or other evidence to assist in the re~lution of thc controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and fod's:'aruncas contained in this Easemunt, the parties agree upon ils provisions, intending to be bound by it. I I I I I I I I I il I I I ! I I 1 ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Conse~'ation Easement (herein called thc "Easement"). This . Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein.. Reference to this "'Ensemcnt" or its "provisions" shall include any and all of thosc covenants, restrictions, rights, terms and conditions. 1.02 Duration. This E.,.~cment shall be a burden upon and run with Ihc Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "~cantor' when used herein shall include all of those persons or entitles. Any rights, obligations. and interests herein granled [o Grantee shall also be deemed granted to each and every one of ils subsequenl ageots, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR, as un absolute gift hereby grants, releases, and conveys to Grantee this Easement, in perDeluily, together with all fights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of Ihis "Easement, the following acts, uses and practices shall be prohibited forever upon or within the Prupony: 3.01 Structures Except for the construction of one ( I ) shed for storage ns allowed in Section 4.05, thc construction or plnoement of residential, commercial, or industrial buildings, structures, or improvements (including, but not limited to mobile homes), permanent or temporary, on, over, or under thc Propc~y shall be prohibited. All olher structures and improvements including the shcd. thc construction and maintenance of trails for non-motorized vehicular use. and access drives shall be prohibited without the prior vnitten conseot of Grantee. which shall not be withhcld if the structure, improvement, or activity does not defeat or dcrogata from thc purposes of this Easement. 3.02 Excavation and Removal of Materials; Mininff The excavating or filling of thc Pmpcrty shall be prohibited withoul the prior written consent of Granu~, which shall not bo withheld if the activity does not defeat or derogate from Ihe purposes of this Easement. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsdil, sand. or other materials shall not take place. nor shall the Iopography of the Property be changed except to construct and maintain the permitted structures and improvements on the Propcgy and for purposes of erosion control and soil management, without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvcmcnt does not deleat or derogate from thc purposes of this Enscmcnt. 3.03 Subdivision Thc subdivision or partitioning of thc Property shall be prohibited without thc prior wri,en consent of Grantee. which shall not be withheld if the subdivision or partition does not defeat or derogate from the purposes of this Easement. 3.04 Dumoin~ The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbagn, sawdust, ashes, chemical waste, lawn and garden refuse or debris such as leaves and grass clippings, on the Property shall be prohibited. 3.05 Siens Thc display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, numbcr, and design do not significantly diminish thc sacnic character of the Property and only for any of the following purposes: (al to state the name of the Property and the name and ad~rcss of the Grantor and/or Grcmee, (b) to post the Property to control unauthorized entry or use, or (c) to announcc Grantee's conservation casement. Signs shall not be more than six square fcct in size and arc subject to rcgulatory rcquirements of the Town of Southold. 3.06 Timber, Removal of Veecta~ion and Landsaanin~[ Activities The use of any pesticides, herbicides or fungicides on thc Propa~ty arc prohibited without the prior writtan consent of Grantor and Grantee. The cutting or harvesting of timber on thc Property. and the clea~ ug or removal of trees, shrubs, or other vcgntation is prohibited, cxccpt for the following purposes: (al to clear and restore forest cover that has been damaged or disturbed by forces of nature or human activity. (b) to prone and selectively thin u'ecs to create limited vistas in accordance with good forest management practices and thc purposes of this Easement. (c) to remove or re.store utes. shrubs, or other vcgstation when dead. diseased. decayed, or damaged, and (d) to crcate and maintain the permitted structures and improvements. 3.07 Wetlands Any uae or activity that causcs or is likely to cause soil degradation or crcsion or pollution of any sudacc or subsurface waters shall be prohibited; The draining, filling, dredging, or diking of the wetland areas, including any enlargements thereof, or thc cultivation or other dislurbancc of thc soil within 100 fcct of thc wetlands shall be prohibited. 3.08 Uses Thc use of the Property for any residential, commercial or industrial purpose shall he probibitcd. 3.09 Drainage The use of the Property for a leaching or sewage disposal ficld shah be prohibited. The use of the Property for a drainagc basin or sump shall he prohibited except to control flooding or soil erosion on the Pmpcny. 3.10 Development RiRhls Thc use of thc acreage of this Property for purposes of calculating lot yield on any othcr Prup~rty shall he prohibited. Grantor hereby grants to Orantcc all existing development rights (and any further development rights that may be created through u rezoning of thc Property) on the Property and the paffrcs agree that such rights shall be lerminated and extinguished and may not be used or transferred to any other parcels. 4 ARTICL~ FOUR GRANTOR'S RIGHTS 4.01 O~ne~hio Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in thc Property, some of which arc more particularly described in this ARTICLE FOUR. 4.02 Posscsslon Gmnlor shall continue to have thc right to exclusive possession of the Property. 4113 Usc Grantor shall have the right to use thc Property in any manner and for uny purpose consistent with and not prohibited by this Easement as well us applicable local, New York, State. or federal law. 4.04 Timber, Removal of Veectution and lamdscaoinn Activities Except as providcd in Section 3.06, Grantor shall have Ihe right to continue the current modes of landscaping, pruning and grounds maintenance on thc Property. 4.05 Struetures and lmomvements Grantor shall have the right to erect and maintain the following non-residential structures and improvements on the Property with the prior writlen consent uf Grantee, which consent shall not be withheld if the structure or improvement does not defeat or derogate from the purposes of this Easement. Such structures and improvements include, but arc not limited to: (i) One shc~signs, and benches, relaled to trail use r (ii) Access drives, trails, footpaths related to trail use (iii) Fences In the event of damage resulting from casualty to an extent which rendcm repair of any existing improvements impractical, erection of a structure of comparable size, hulk. use, and general design to the damaged struclure shall be permitted within the same general location subject to the review and wfittcn approval of Grantee. 4.06 Notice Oramor shall notify Grantee, in writing, before tsking any action or before exercising any reserved fight with respect to the Property. which could edversely affect the environmental. scenic, open space, and agricultural values which are the subject of this Easement. Such approval disapproval or commcnls of Gmmee shall he given to Grantor within 45 days after all necessary documcntsfion and information is submitted to Grantee. 4.07 Alienability Grantor shall have the right to convey all or any p'at't of its remaining interest in thc Property but only subject to this 'Easement. Grantor shall promptly notify Grantee or any conveyance of any interest in the Prupeny, including the full name and mailing address of uny transferee, and tho individual principals thereof, under any such convcyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subjecl to this 'Easement. without modification or amendment of the terms of this 'Easement, and shall I I I I I I ! I I I i i ! I I I I I incorporate this Easement by reference, specifically setting for thc a.~le, office, liber and page of the recording hereof. The failure of any such instrument to comply with thc provisions hereof shall not affect Grantee's rights hereunder. As set fo~h in Chapter $9 and Chapter 6 of thc Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to thc prbvisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public heating and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town elcction. No subsequent amendment of the provisions of those Chapters shall alter thc limitations imposed upon thc alienation of dcvelopmnnt rights acquired by the Town prior to any such amendment. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Gr'antcc or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condilion of the Property or from uny taxes, levies or assessments upon it or resulling from this Easement. all of which shall be considered Grantor's obligations. 5.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees. judgments, or expenses to Orantee or any of its olliuers, employees, agents or independent contractors resulting: (al from injury to porsons or damages to property as~sing from any activity on the F~opcny, cxccpt those due solely to the acts of the Grantee. its officers, cmployees. agents, or independent contractors; and (b) from actions or claims of any nature by third p'.u'tics arising out of thc catering into or exercise of righL, l under this casemcm, excepting any of those matters arising solely from the acts of Gran~ee, its officers, employees, agents, or independcnt contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Ent undlns tion Grantee shall havc the righl to enter upon thc Property at mo.unable times, upon prior notice to Grantor, and in n manner that will not intcffcrc with Grnntor's qalct use and cnjoyment of the Property, for thc purpose of inspection Io determine whether this 'Easement and its puqx)ses nnd provisions are being upheld. Grantee shall not havc thc right Io enter upon thc Property for any otber purpose, except as provided in Section 6.0 t, nor to permit access upon the Property by thc public. 6.02 Restgration Grantee shall have the right to require thc Grantor to restore the Property to thc condition required by this 'Easement and to enforce this right by any action or proceeding that Grantee muy reasonably deem nccesanry. However. Grantor shall not be liable for any changes to the Property resulting from causes beyond the Granlor's control, including, without limitation, fire, flood, storm, und earth moveracnt, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to thc Property resulting from such causes. 6.03 Enforcemenl RiP_hit 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 fights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Graotor's part to be observed or performed pursuant to this · 'Easement is not cured by Grantor within fifteen (I 5) days notice thereof by Grantee (which notice requirement is cxprcssly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires i mmcdiam action to preserve and protect any of the open space values or otberwise to further the purposes of this Easement), Grantcc shall have the right ut Gmntor's sole cost and espcnse and at Grantee's election, (i) To institute a suit to enjoin or cure such b~ach, default or violation by temporary and/or permanent injunction, (ii) (iii) such breach, default or violation and/or to cause thc restoration of that portion of the Property affected by such breach, default or violalion to the condition that existed prior thereto, or To seek or chrome such other legal and/or equitable relief or remedies as Grantee covenants, obligations and purposes of this .Euecment; 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 violalion of any term, condition, covenant or obligation under this 'Easement. In the event that Grantee prevails in any legal proceeding brought under the provisions of this Section 6.04, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other cxpeeses incurred by Grantee (herein called "Legal F..xpcnses") in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of onc remedy or relier under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failuro to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the uae of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grant~: shall have the right to assign any and all of its rights and responsibilities under this 'Easeraem. and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "thc Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation, or a govemm~ntai unit or agency, which is qualified to ~ceive such interests pursuant to Article 49 of thc New York Environmental Conservation Law. and is a qualified organization within the meaning of Section 170(h)(3) of Ihe Code. which is organized or operated p6marily or substantially for one of the conservation purposes specified in Section 170(hX4XA) of the c~e. Any assignment by Grantee or a successor Grant~ must require the Assignec or Assig~ee'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 thc provisions of this Section 6.06. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or il' Grentcc or any Assigncc ceases to exisl or ceases to be a qualified organization under I.R.C. Section 170(hX3), then this Easement shall be vested in such qualified corporation, body or agency as 7 det~ncd and upon the conditions contained in Section 6.05 as the Grantee shall designate. Ir. on the occurrence or any of the. sc cvents, Granlcc or any sacccssor or uasigncc fails to assign all of its rights and responsibilities under this Easement and all of ils 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 Extin£uishment 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 or such right and interest shah bc 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 Proparty unencumbered by this Eaacmcnt. is hereinafter referred to as thc "Proportionate Share"). In the event a material and potentially unforeseeable change in tho conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an cxtinguishmcnt of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to thc Proportionate Share of the fair merkct value of thc Proparty at such time. In the event of a sale by CUrantor to un uorc[ated person subsequent to such extinguishment, or a transfer made on account of ~hc exercise of the power of eminent domain, the sale pticc or condcmnadon award shall establish fair marke~ value. Absent such a sale. the Property's fair market value shall bc established by indspendont appraisal. If ali or any part of thc Property ia taken under the power of eminent domain by public, corporate, or olher authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Ea~semeflt or otherwise effectively to frustrate thc purposes hereof, Gmntor and Grantee shall join in appropriatc proceedings at the time of such taking lo recover the full value of Ihe interests in thc property subject to the taking and all incidantal or direct doroages re. suiting from the teking. All expenses reasonably incuned by thc pm'ties to this Easement in connection with such taking shall he paid out of the recovered proceeds. Grantee shall be entitled to thc Proportionate Share of Ihe remaining recovered proceeds. Grantee shall use such proceeds actually reeovered by it in a manner consistent with thc proposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall he in addition to, and not in limiLatlon of. any rights they may have by law with respect to a modification or tenninadon of this Easement by reason of changed conditions or the exercise of powers of cminent domain as aforesaid. ARTICLE SEVEN MISCELlaNEOUS 7.01 Entire Undorstandin~z This Easement contains the entire understanding between its pm'ties concerning its subject mutter. Any prior agreement between Ihe parties concerning its subjacl matter shall be merged into Ihis -Easement and supcrseded by it. 7.02 Amendment This Easerncnt can be tennianted or modified in accordance with the common and stalutory law of thc S'ta~ of New York applicable to thc termination and modification of easements and covenants raoning with the land. Grantee and Grantor shall mutually have thc right to agree to amendments to this Easement that ure not inconsistent with the purposes of this ~sement set forth in the Introduction hereof; provided, however, that Gmntee shall have no right or power ro agree to any amendments bereto that would result in this Easement falling to qualify as a valid Conservation 'Easement und~, r Article 49. Title 3 of thc Environmental Conservation Law of the State of New York. as the same may be hereafter amended, any regulation issued pursuant thcrcto. 7.03 Sevemb[lity Any provision of this Easement restricting Orantor's activities, which is de(cra'lined to be invalid or uncnforeanblc by a court, shall not be invalidated. Instead, that provision shall bc mdaced or limiled to whatever extent that court determines will make it anforeaablc and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement musl be written. Notices shall be dcllvcrcd by hand or registered mai]. return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall bc addressed to Gruntor's address as recited betein, or to such other address as Oran(or may designate by notice in acco~ance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for thc attention of thc Prcsideat. or to such other add, ss us Omntee may designate by notice in accordance with this Section 7.04. No(ice shall be deemed given and receivcd as atr thc date al~its manual delivery or thc date of its mailing. 7.05 Governing Law New York Law applicablc to deeds and conservation easements penalning Io land Iocatcd within New York shall govern this Easemcnl in all respecns, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary role of construction, no provision of this 'Easemcnt shall be construed in favor of one of the parties because it was drafted by thc other party's attorney. No alleged ambiguity in this Easement shall be construed against thc party whose auorney 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 interpreration as would render it valid and be consistent with the purposes of this ~L'~ment. Any rule o1' strict construction designed to limit the breackh of thc restrictions on use of the Propcrty shall not apply in the cons(ma(ion or interpretation of this Easemenl, and this' 'Easement shall be interpreted broadly to effect the purposes or this 'Easement as intended by the pm'tics. Thc parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his fig, h( to uso thc Propetny, except as othcrwise inched herein, be construed at all times and by 'all parties to effectuate its putlx)ses. 7.07 Public Nothing contained in this 'Easement grants, nor shall be interpreted to grant, thc right of the public to enter upon the Property without thc express pen'nission of Grantor. 7.08 Warranties Thc warranties and representations made by the panics in this Easement shall survive its execution. 7.09 Recordin~ Grantcc shall record this Easement in thc land records of the office o1' thc Clerk of thc County of Suffolk, State of New York. 7.10 Headinlzs The hcadings, titles and subtitles herein have been inserted solely for convenient refcrence, and shall be ignored in its cons(mc(tau. 9 IN WITNESS WHEREOF, Grantor has executed and dclivcrcd and Grange has accepted and rccei red this Deed of Conservation Easement on thc day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantor) Tir~t~(J~ C~ t'~ll Vi¢~ Ptes~dem ~.~ ACK.NOWI ~nGED AND A ~C~EPTED: TOWN OF SOU'/~IOLD (GraiL) STATE OF NEW YORK ~ COUNTY OF SUFFOLK ) SS: On this ¥ day ol;~.~-, in thc year 2003 before mc, thc und*rsigne:cl, personally appeared Tiruothy J. Caufield, personally known to me or proved to rue on the basis of smisfactory evidence m be the individual whose name ia subscribed to the within inslrument and acknowledged to me thut he executed the same in his capacity, and that by his signature on thc instrument, the individual, or thc person upon behalf of which th= individual acted, executed Ihe instrument. Not~ Public --~ ROBERT DEFREBE ,~/~i'~ ~'~ ~: ~-~..~.a,..i~, N0~ Public. 8tutu of New y~k ~ ' '~ n~//~ NO. 01DE5035117 I I ~' v~ --~ ~, ~ ~../ Ounllfl~ in Suffolk Coun~ RL STATE OF NEW YORK ) COU~Y OF S~OLK ) On this ~' day of,~.in the year 2003 before mc. the undersigned, personally appeared John M. Romanelli. personally known tO me or proved to me on the basis satisfactory evidence to be the individual whose narnc is subscribcd to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature, on thc instrument, ~he individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ROBERT DEFRESE /~/'~.~),~S~I~T' ..0e:~ie. eg"~: Notary Public. Staleof NawYork NO. 01DE5035117 ~b I'.O '~/. Oualill~:l in Suffolk Count~ ~ Vd L. '~ U 'e/co ~ _'., Commis~lon_E~p.[re~l Octob~ 24, SCHEDULE A: Metas and Bou~/d~ ~nptron of the Pmparty 10 SCHEDULE A AMENDED 113/03 ALL that certain plot, piece or parc, c[ oflsod, situate, lying and being at Pecoalc, Town of Southold, Suffolk County, New York, bounded and described as follows: COMMENCJNG at a monument at the southeasterly comer at the premises herein described where .said premises intersects Lakeview Avenue and Lot 7 on a certain map entitled 'Map of Pceonic Knolls Map No. 660T' filed 9/29/77 and fiom said point of beginning; RUNNING THENCE South 27 dcgrccs 53 minutes 50 seconds We~ 479.13 feet along thc northwesterly boundary of said map//6607; RUNNING THEI~CE along the northeasterly and easterly boundmy of Map of Blue Horizons Map No. 7974 filed 9/30/85; 1. North 82 degrees 20 minules West, 515.76 feel m a point; 2. North 80 degrees 05 minutes West, 225.77 feet to a monumeat; 3. North 31 degrees 29 minutes 20 seconds West, 296.75 feet to the northerly-line of a 33 foot right of way: RUNNING THENCE along said right of way three courses and distances: I. North 82 delpees 49 minutes 00 seconds .East, 352.30 feet; 2. North 67 I~grses 50 minutes 30 seconds ~ast, 263.62 feet; 3. North 81 degrees 22 minutes 00 second* East, 355.37 feet to the westerly linc of said' land now or formerly of Gregory and Stscy Michelis; RUNNING THENCE along said land nmi land formerly of Michelis, South 51 degrees 21 minutes 00 seconds East. 214.72 f~ to the point or plnce of BEGINNING. EXCEPTING from the Coaservalion Easement a 33 foot private mad and a 20 'foot right of way over thc easterly part of the premises herein resereing to the party of thc first part. his hcirs and assigns, a right of way over said 33 fool. privme mad and over said 20 foot right of way over the easterly part of the premises herein. EXCEPTING from the Conso'vation Easement a 20 foot right of way which runs southerly over land of Hehn and others to die noflherly corner of land of Pceonic Homes Section 2; THENCE over a right of way 16 ½ feet in width which runs southerly along the easterly side of land of P~cooic Homes to the North Road, said 20 foot right o£way and 16 ½ foot right of wa~ being for access between land of the party of the first pan and North Road.