HomeMy WebLinkAboutL 12502 P 514iO00
DEED OF CONSERVATION EASEMENT
THiS DEED OF CONSERVATION EASEMENT is made on th~day o£
2007. Between STELLA MANOS (with respect to Parcel ! and Parcel 11)
and JAMES MANOS, ESQ. AND STELLA MANOS as Co-Trusteas of the James
Manos Revocable Trust Agreement (with respect to Parcel Ill), both with an address at
P.O. Box 530. 2147 Lake Drive, Southold, New York 11971, (heroin called ..
"GRANTORS"), and COUNTY OF SUFFOLK, a municipal corporation, having its
principal offices at County Cenmr, Riverflend, New York, hereinafter described as
"GRANTEE".
INTRODUCTION
WHEREAS, GRANTORS are the owners in fee simple of certain real property
located in thc Town of Southold, Suffolk County, New Yodc, moro fully described in
SCHEDULE A and shown on the Consen, ation Easement Map mm'ked EXHIBIT A,
both attached hereto, made part hereof, and hereinafter refen~d to as the "Property"; also
known and designated as SCTM# 1000-059.00-05.00, lots 002.001,002.003p/o and
027.000, and
WHEREAS, GRANTORS wish to grant a Conservation Easemc~t (the
"CONSERVATION EASEMENT") on the 1,2.-e acre parcel o£Property so that thc
Property shall remain in its open, undeveloped, and scenic state and be available for open
space purposes; and
WHEREAS, thc Property is curremly open space known as the Great Pond
Wetlands; and
WHEREAS. the Property offers the public significant vistas of'natural scenic
beauty from public roads, Great Pond and Long Island Sound; and
WHEREAS, the Property in its present scenic and open space condition has
substantial nnd significant valuc by reason oflhe fnct that it has not been subject to any
extensive development; and
WHEREAS, GRANTORS and GRANTEE recognize the value and special
character of the region in which thc Property is located, and GRANTORS and
GRANTEE have, in common, the purpose and objective of conserving, preserving and
protecting thc present state and inhe--n:m, tangible an,~d, intangible values of the Property as
an aesthetic, natural, and scenic resource; and
WHEREAS, GRANTEE has determined it to be desirable and beneficial and has
requested GRANTORS, for themselves and their suCCessors and assigns, to grant a
Conservation Easement to GRANTEE in order to restrict the further development of the
Properly.
NOW THEREFORE:
0.01 GRANTORS' Warranty
GRANTORS warrant and represent to the GRANTEE that GRANTORS are the
owner in fee simple of the Pmporty deserihed in SCHEDULE A, free of any mortgages
or liens and possesses the right Io/~ant this conservation easement.
0.02 Pumose
The parties rccognizc the environmental, natural, scenic, and open space values of
the Property and have the common purpose of preserving these values. This Deed of
Conservation Easement is intended to convey a Conservation Easement on the Property
by GRANTORS'to GRANTEE, exclusively for the purpose of preserving its open space
character in perpetuity for its environmental, scenic, and natural values (including
associated habitat, air and water quality) by preventing the use or development of'the
Property for any purpose or in any manner comrary to the provisions hereof, in
furtherance of Suffolk County conservation policies and those conservation policies of
the Untied States of America. New York State and other municipalities, provided they are
not inconsistent with those of Suffolk County.
0.03 Documentation
GRANTEE acknowledges by accoptance of this Conservation Easement that
present uses of the Property are compatible with the purposes of the Conservation
Easement. GRANTORS have made available to GRANTEE sufficient documentation to
establish the condition o£the Property at the time ofconveyanco of this Conservation
Easement. In order to aid in identifying and documenting the present condition o£the
Property's natural, wildli fa, watershed~ scenic, and aesthetic resources and otherwise to
aid in identifying and documenting the Property's open space values as o£the date
hereof, to assist GRANTORS and GRANTEE with monitoring thc uses and activities on
the Property and ensuring compliance with the terms hereof, GRANTEE has prepared,
with the GRANTORS' cooperation, an inventory of the Property's relevant features and
conditions (the "Baseline Documentation"). This Baseline Documentation includes, but
need not bc limited to, a Conservation Easement Map marked EXHIBIT A. un aerial
photolp'aph, photographs of the Property, a description and site plan of'existing lend uses,
and an acknowledl~ment page signed by GRANTORS and GRANTEE which verifies that
the Baseline Documentation report accurately represents the condition ol'the property at
thc time of'the grant ol'the Conservation Easement, Copies of the Baselinc
Documentation shall he retained safely by GRANTORS and GRANTEE. GRANTORS
and GRANTEE acknowledge and agren that in the event a controversy arises with respeet
to the nature and extent of the GRANTORS' uses ofthe Property or its physical
condition as ofthc date hereof, the parties shall not be forcclnaed from utilizing any other
relevant or material documents, surveys, reports, photographs, or other evidence to assist
in the resolution of the controversy.
Q.Q~ Recitation
In consideration o£the recited facts, mutual promises, undertakings, and
forbearances contained in this Conservation Easement, the parties agree upon its
provisions, intending to be bound by it and GRANTORS hereby voluntarily grant
releases and convey this Conservation Easement in peq~etuity to GRANTEE.
0.05 Successors
The covenants, terms, conditions, nnd restrictions of this Conservation Easement
shall be binding upon and inure to the benefit ofthe patties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue es a servitude
running in perpetuity with the Property, provided that (i) no owner shall be responsible
except for violations occurring on the Property during such owner's ownership of the
Property or caused by such owner before or after such owner's ownership of the
Property: and (ii) any ofthe rights herein reserved to GRANTORS may be exercised by
any owner of thc Property.
ARTICLE ONE
THE CONSERVATION EASEMENT
1.01 Type
This instrument conveys a Conservation Easement. This C6nservation Easement
shall consist ortho covenants, restrictions, rights, terms and conditions recited hcrein.
Reference to the "Conservation Easement" or its "previsions" shall include any and all of
those covenants, restrictions, right;, terms and conditions.
1.02 Duration
This Conservation Easement shall be a burden upon and mn with the Property in
perpetuity.
1.03 Effect
This Conservation Easement shall run with the Property as an incorporeal interest
in the Property, and shall extend to and be binding upon GRANTORS, GRANTORS'
agents, tenants, occupants, heirs, personal representatives, successors and assigns, and nil
other individuals and entitle. The word "GRANTORS" when used herein shall include
nil o£thnse persons or entities. Any fights, obligations, and interests herein granted to
GRANTEE shall also be deemed granted to each and every one of its subsequent agents,
successors, and assigns, and thc word ''GRANTEE" when used herein shall include all of
those persons or entities.
3
ARTICLE TWO
CONVEYANCE
GRANTORS, for sood and valuable consideration of SEVEN HUNDRED
SEVENTY THREE THOUSAND SIX HUNDRED 00/XX DOLLARS ($ 773,600.00),
subjec! to conditions as set forth in the conlract, hereby grant, release, and convey to
GRANTEE this Conservation Easement, in perpetuity, together with all rights to enforce
it. GRANTEE hereby accepts this Conservation Easement in perpetuity, and undertakes
to enforce it a~inst GRANTORS.
ARTICLE THREE
From and after the date ofthis Conservation Easement, the following acts, uses
and practices are prohibited forever upon or within the Property; except as otherwise
specifically permitted by the provisions hereof. The prohibited acts and GRANTORS'
reserved rights for the Property are based on GRANTEE'S evaloation et'the
Conservation Values oflhe Property and GRANTORS' goals and objectives to continue
the private use and enjoyment ofthe Property while ensuring that the Property's
Conservation Values are protected in perpetuity.
3.01 Structures
The construction or placement of residential, commercial, indnsuial or other
buildings, structure-., mobile homes, tennis or other recreational court or pad, swimming
pool, fences, asphalt or concrete pavement, revetment (bulkhead), antenna, satellite dish,
tower, conduil line, sodium vapor light, or other permanent or temporary improvements
o£any kind or nature, on, over or under the Property, is prohibited. Tho existing cyclone
fence separating the Property from Peeonic Dunes Park shall be maintained by the
Grantee, and there shall be no opening in the fence between the Property and the Peconic
Dunes Park.
3.02 Excavation and Removal of Materials: Mining
Thc excavating or filling ofthe Property, except as may be necessary to construct
and maimain permitted structures and improvements on the Property, is prohibited.
Mineral exploitation, and e:~traction by any method, surface or subsurface, is prohibited.
Thc removal of topsoil, sand, or other materials shall not takc place, not shall roads or
driveways be built or the topography of thc Property be changed except for purposes of
erosion control and soil management, without the prior written consent of GRANTEE.
4
3.03 Subdivision
There shall be no f~her subdivision, division or partitioning of the Property.
3.04 Dumnine
The placing,, filling, storing, dumping or accumulation of unsightly or offensive
materials including but not limited to trash, garbage, sawdust, ashes, hazardous
substances, toxic waste, chemical waste, vehicle bodies or parts, rubbish, debris, junk,
waste or other unsightly, and/or environmentally harmful materials on thc Property is
prohibited.
3.05 Signs
Thc display of signs, billboards, or advcrtiscmants is prohibited, except signs
whose piscement, number, and design do not significantly diminish the scenic character
Gl'the Property and only for any oftbe following purposes: (a) to state the name and
address of thc Properly and the names and addresses of the occupants, (b) to temporarily
advertise the Property or any portion thereof for sale or rent, ('c) to post thc Property to
control unauthorized entry or use. or (d) to announce GRANTEE'S Conservation
Easement. Signs shall not be more than six square feet in size, be non-illuminated and
are subject to rcgulatory requirements ofthe Town.
3.06 Cuttine of Timber
Thc cutXing or harvesting oftrecs on the Property, is prohibited, except for the
following purposes: (a) to clear and restore forest covc~ that has been damaged, diseased,
destroyed or disturbed by forecs of nature (b) to prune and selectively thin trees to cream
limited vistas in sccordancc with good forest management practices and thc purposes of
this Conservation Easement, as determined by thc GRANTEE in its sole discretion, and
(c) to s~move hazards to persons or property.
3.07 Soil and Water
· Any use or activity that causes or, in the sole opinion of GRANTEE, is likely to
cause soil degradation or erosion or pollution of any surface or subsurface waters is
prohibited. The use of pesticides and biocides is prohibited, including but not limited to,
insecticides, fungicides, rodenticides and herbicides.
~.08 Wetlands and/or Stream Buffar
The draining, filling, dredging, or diking Gl'the wetland areas including any
enlargements thereof, or the cultivation or other disturbance of the soil of the wetlands is
pmhibited.
3.09 Ponds and Water Courses
Thc alteration of any ponds and water courses located on the Properly or the
creation of new water impoundments or water courses is prohibitcd without
GRANTEE'S prior written consent.
3.10 Landscaoine Activities
The removal, destruction or cutting of tree~, shrubs, or othcr vegetation from the
Property or the planting of trees, shrubs or plants that are not indigenous to the Peconic
Bay region of Long Island, New York is prohibited except in accordance with the
provisions of paragraph 3.06 herein.
3. I 1 Utilities
The creation or placement of overhead utility transmission lines, utility poles, cell
phone towers, equipment, antennas and/or wires after the effective date of this grant is
prohibited in the Conservation Enr, ement. Overhead utility transmission lines, utility
poles and wires in place on the effective date of this grant may be maintained, repleced in
situ or removed. Wells. septic systems or pipes within the Conservation Easement are
prohibited.
3.12 Uses
Commercial and or recreational uses are prohibited. The use of the Property to
conduct tours, native studies or clesses is prohibited. The Property shall not be open to
the public except in accordance with paragraph 6.01 of'the Deed of'Conservation
Easement herein. The use of motorized vehicles is prohibited. Any other use or activity
which would permit destruction of the Conservation Values of the Property or of other
significant conservation interests is prohibited unless such use or activity is deemed
necessary by GRANTORS and GRANTEE for the protection of tho Conservation Values
that are the subject of this Conservation Easement, in which case such use and/or activity
shall be subject to notice and prior written approval of GRANTEE in advance of'any
such use and/or activity in accordance with Article Four herein.
3.13 Draina,,c
The use of the Property for a leuching or sewage disposal field is prohibitcd. The
use ot'the Properly for a drainage basin or sump is prohibited, except to control flooding
or soil erosion on the Property, and then only niter the prior written eppmval of
GRANTEE.
Development Rights
The use of the ucreage of this Property for purposes of calculating lot yield or
development density on any other Property is prohibited. GRANTORS hereby grant to
6
GRANTI:E all existing development fights (and any further development fights thai may
bc created through a re~.oning el'the Property) on thc Property. The parties agree that
such rights, except those required to canT out thc permitted uses of and activities on the
property, are hereby terminated and extinguished and may not be used or transferred to
any other parcels.
3.15 Wetlands
The draining, filling, dredging, or diking of wetlands located on the Property,
including the cons~uetion of any ponds or the enlargement of any walereourse is
prohibited.
ARTICLE FOUR
4.01 Ownershin
GRANTORS shall retain all other customary rights el'ownership in the Property
and those exclusive rights to possession of thc property, which are nol expressly
prohibited herein and that nrc consistent with the protection of the Conservation Value of
the Property and the purpose of this Conservation Easement, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possc~ion
GRANTORS shall continue to have the right to exclusive possession o£the
I:'mpcrty
4.03
A. GRANTORS shall have the right to use the Property in any manner and for any
purpose consistent with and not prohibited by this Conservation Easement ns well ns
applicable local, Now York, Store, or federal law.
B. GRANTORS reserve the right to engage on the Property in any fmssive, outdoor,
non-commercial, non-motorized recreational activity limited to wildlife observatio~
walking and fishing l'or personal recreational purposes only, to the extent that such
aclivities do not have a demonstrable efl'ect on the Properties Conservation Values, do
not involve the use of motor vehicles, and are in compliance with all applicable tredeml,
state and local statutes, rules and regulations.
4.04 Notice
GRANTORS shall notify GRANTEE. in writing, before taking any action or
before exercising any reserved right with respect to the Conservation Easement, which
could adversely affect the environmental, scenic, open space values which are the subject
of this Conservation Easement. The notice shall describe the nature, scope, location,
timetable and any other material aspect oftbe proposed improvement or activity in
sufficient detail to permit GRANTEE to evaluate the proposal. GRANTEE will evaluate
GRANTOR'S requests under this Conservation Easement based on its good faith
exemise of professional judgment.
Such approval, disapproval or comments of GRANTEE shall be given to
GRANTORS within 45 days after all necessary documentation and information is
submitted to GRANTEE. If, after 45 days, GRANTORS have not rcceived any response
from GRANTEE to such submission GRANTORS must again notify GRANTEE in
writing of GRANTORS' iment to proceed, specifically listing the work or action to be
performed. If GRANTEE fails to respond to such second notice with 10 days thereafter,
then GRANTEE shall be deemed to have approved GRANTORS' proposed action or
request.
Whenever an action by GRANTORS requires the approval of GRANTEE, it is
understood GRANTORS must also obtain any required governmental approvals I'or the
action.
With rcspect to such uses and activities under Section 3.12 ("Uses") requiring thc
prior appreval of GRANTEE, GRANTORS shall request such approval in writing and
shall include therewith information identifying the proposed activity and the reasons for
the proposed activity with reasennble specificity. The request for approval shall describe
the nature, scope, location, timetable, and any other material aspnct of the proposed
activity in sufficient detail to permit GRANTEE to evaluate such activity. The request
shall also include information evidencing the conformity ofsnch activity with the
requirements of the applicable paragraphs under which approval is requested hereunder.
GRANTEE'S prior written approval, which shall not be unreasonably withheld, shall
take into account the extent to which thc proposed activity or use ofthc site for the
proposed activity would otherwise impair the Conservation Values otrthe Property
GRANTORS and GRANTEE shall cooperate and shall act in good faith to arrive
at agreement on suitable sites and activities in connection with any determinntions that
ate necessary to be mede by thc (either separately or jointly) under Section 3.12 and
Article Four herein. Notwithstanding the foregoing, GRANTEE'S approval ora
proposed site or activity shall be withheld ifthe use of the site for thc proposed activity
would interfere with the essential scenic quality o the Property, impair the Conservation
Values of the Property, or be inconsistent with thc Purpose of the Conservation
Restriction.
GRANTEE shall approve, conditionally approve or withhold approval orthe
proposed use or activity in accordance with Section 4.04.
4.0:5 Alienability
GRANTORS shall have the right to convey, mortgage or lease all of its remaining
interest in the Property but only subject to and expressly subordinated to this
Conservation Easement. GRANTORS shall promptly notify GRANTEE in accordance
with Seetion 7.03 herein of any conveyance of any interest in the Property, including thc
full name, telephone number and mailing address of any transferee, and the individual
principals thereof, under any such conveyance. The instnlmem ofany such conveyance
shall specifically set forth tha~ the interest thereby conveyed is subject to and
subordinated to this Conservation Easement, without modification or amendment of the
terms ofthis Conservation Easement, and shall incorporate this Conservation Easement
by rcfen:nee, specifically setting for the date, office, libor and page ofthc recording
hereof. The failure of any such instrument lo comply with the provisions hereof shall not
be deemed to affect GRANTEE'S rights hereunder or the validity of this Conservation
Easement.
4.06 Landsuaoina Activitics
Within thc Conservation Easement, GRANTORS shall have the fight to remove
trees, shrubs, or other vegetation when dead, diseased, decayed or damaged and ~-place
such trees, shrubs and vegetation with species that are indigenous to the northeastem
region of the United States.
4.07 Comnliance Certificates
GRANTEE shall deliver to GRANTOR within they (30) days of GRANTEE'S
receipt of the request to GRANTOR, GRANTORS' mortgagee, or the purchaser under
contract with the GRANTORS for all of, or an undivided inter~t in, the Property or
such purchaser's mortgagee, a writtcn deeumcnt, including an estoppel certificate or
complinnee cenificete, to certify to the best of GRANTEE'S knowledge GRANTORS'
compliance with any obligation of GRANTORS contained in the Conservation Easement
or otherwise to evidence the status of this Consen, ation Easement to the extent of
GRANTEE'S knowledge thereof. GRANTEE is obligated to provide such a document or
certificate only in conjunction with the sale or financing of all or a portion of the Property
or upon request of a governmental agency.
9
ARTICLE FIVE
GRANTORS' OBLIGATIONS
$.0! Taxes Assassmcnts
GRANTORS shall continue to pay any and all ~axes, levies, and assessments and
any and all other governmental and/or municipal charges whatsoever, which may become
a lien on the Property, including any taxes or levies imposed to make payments. If
GRANTORS fails to make such payments, GRANTEE is authorized to make such
payments (but shall have no obligation Io do so) upon ten days prior written notice to
GRANTORS. according to any bill, statemem or estimate procured from the appropriate
public office withom inquiry into the accuracy thcreof. That payment, if mada by
GRANTEE, shall become a lien on the Property of the same priority as thc item if not
paid would have become, and shall bear interest until paid by GRANTORS at two
percentage points over the prime rate of interest fzom time to timc charged by Citibank,
N.A.. or its corporate successor.
5.02 Indemnification
GRANTORS shall indemnify and hold GRANTEE harmless for any liability,
costs, reasonable attorneys' fees judgments or expenses whatsoever to GRANTEE or any
of its officers, employees, agents or independent contractors arising from the physical
maintenance or condition of the Property or from any texc~ levies or assessments upon it
or resulting from this Conservation Easement, ail of which are considered GRANTOILS'
obligations.
5.03 Third Party Claims
GRANTORS shall indemnify and hold GRANTEE harmless for any liability,
costs, reasonable attorneys' fees. judgments, or expenses whatsoever to GRANTEE or
any of its officers, employees, agents or independent contractors resulting: (a) from
injury to persons or damages to property arising from any activity on the Property, except
those due solely to the acts ofth¢ GRANTEE, its officers, employees, agents, or
independent contractors; and (b) from actions or claims of any nature by third parties
arising out o£the entering into or exercise of rights under this Conservation Easement,
excepting any of those matters ~sing solely from the acts of GRANTEE, its officers,
employees, agents or independent contractors.
5.04 Grantors' Covenants
GRANTORS covenant that the party of the GRANTORS have not done or
suffered anything whereby the said premises have been encumbered in any way
whatsoever, except as aforesaid.
10
AND, GRANTORS, in compliance with Section 13 of the Lien Law, covenants
that the GRANTORS will receive the consideration for this conveyance and will hold the
right to receive such consideration as a trust fund to be applied first for the propose of
paying the cost ofthe improvemenl and will apply the same first to the payment ofthe
cost ofthe improvement before using any part of thc total ofthe s~ne for any other
purpose.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and lnsnection
GRANTEE shall have the right to enter upon the property at reasonable times,
upon prior notice to GRANTORS, and in a manner that will not interfere with
GRANTORS' quiet use and enjoyment of thc Property, for the purpose of inspection to
determine whether this Conservation Easement and its proposes and provisions are being
upheld. GRANTEE shall not have the right to enter upon the Property for any other
purpose, except as provided in Section 6.03 herein nor to permit access upon the Property
by the public.
6.02 Restoration
GRANTEE shall have the right to require the GRANTORS to restore the Property
to tho condition required by this Conservation Easement and to enforce this right by any
action or proceeding that GRANTEE may reasonably deem necessary. However,
GRANTORS shall not be liable for any changes to the Property resulting from causes
beyond the GRANTORS' control, including, without limitation, fire, flood, stom~, and
earth movement, or from any prudent action taken by the GRANTORS under emergency
conditions to prevent, abate, or mitigate signilicent injury to persons or to the Property
resulting from such causes.
6.03 EnForcement Riuhts of Granlee
GRANTORS acknowledge and ague thai GRANTEE'S remedics at law for any
violation ofthis Conservation Easement are inadequate. Therefore, in addition to, and
not in limitation of, any other fights of GRANTEE hereundor at law or in equity, in the
event any breach, default or violation of any term, provision, covenant or obligation or
GRANTORS' part to be observed or performed pursuant to this Conservation Easement
is not cured by GRANTORS within fiRecn (15) days notice thereof by GRANTEE
(which notice requirement is expressly waived by GRANTORS with rezpect to any such
breach, default of violation which, in GRANTEE'S reasonable judgrnent, requires
!i
immediate action to preserve and protect any oftbe open space values or otherwise to
further thc purposes of this Conservation Easement), GRANTEE shall have the right at
GRANTORS' sole cost nnd expense end at GRANTEE'S election,
(i) To institute a suit to enjoin or cure such breach default or violation by
temporary end/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to terminate or
cure auch breach, default or violation end/or to cause the restoration of that
portion of the Property affected by such breuch, 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 ns
GRANTEE deems necessary or desirable to ensure compliance with the terms,
conditions, covenants, obligations and purposes of this Conservation Easement;
provided, however, that any failure, delay or election to so uct by GRANTEE
shall not be deemed to be a waiver or a forfeiture of any right or available remedy
on GRANTEE'S part with respect to such breach, default, or violation or with
respect to any other breach, default or violation of any term, condition, covenant
or obligation under this Conservation Easement.
6.04 Attorney's Fees
GRANTORS shall pay either directly or by reimbursement to GRANTEE, all
reasonable attorneys' fees, court costs and other expenses incurred by GRANTEE in
connection with any proceedings under this Seetion.
6.05 No Waiver
GRANTEE'S exercise of any one remedy or relief under this ARTICLE SIX shall
not have the effect of waiving or limiting any other remedy or relief thereunder, and the
~lure 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.
6.06 Extineuishment
If all or any pan ortho Property is taken under the power of eminent domain by
public, corporate, or other authority, or otherwise nCxluired by such aulhority through n
purchase in lieu ofa takin& so ns to abrogate the restrictions imposed by this
Conservation Easement or otherwise elTeetively to frustrate the purposes hereof.
GRANTORS and GRANTEE shall join in appropriate proceedings at the time of such
taking to recover the full value of their respective interests in the property subject to the
taking and all incidental or direct damages resulting from the mking. All expenses
reasonably incurred by the parties to this Conservation Easement in connection with such
12
taking shall be paid out of the recovered proceeds. GRANTEE shall be entitled to its
respective proportional share ofthe remaining recovered proceeds. GRANTEE shall use
such proceeds actually recovered by it in a manner consistent with thc purposes of this
Conservation Easement.
6.07 Alienability
Notwithstanding anything to the contrary, this Conservation Easement may not be
alienated by the GRANTEE except by Charter Law subject to mandatory referendum.
6.08 Assignability
GRANTEE shall have the fight to assign any and ali of its rights and
responsibilities under this Easement, and any and all of its dghts, title and interest in and
to this Easement only to a qualified organization (herein called "the Assignee"). Any
assignment by thc GRANTEE or a successor GRANTEE must require the Assignee or
Assignee's successors to can'y out thc pm'poses of this Easement. The Assignee and its
successors and assigns shall have the s,vae right of assignment, subject to compliance
with the provisions of this Section 6.08.
6.09 Succession
Il'at any time GRANTEE or nny Assignee is unable to enforce this EasemenL
then this Easement shall be vested in such qualified corporation, body or agency as
defined in Section 6.08 ns the GRANTEE shall de,~ignate. If, on the occurrence of any ot'
thcsc cvcnts, GRANTEE or any successor or assignee i'aiis to assign all of'its rights and
responsibilities under this Easement and all or'its rights, title and interest in and to this
Easement to a qualified orlpmiz, ation, then the rights and responsibilities under this
Easement shall become vested in another qualified organization, in accordancc with a cv
arcs proceeding brought in any court or'competent jurisdiction.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandina
This Conservation Easement and the Comract between the parties
dated ,2007, and recorded in the Office ofth¢ Suffolk
County Clerk in Liher and Page contain the entire understanding between its
panics concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be rnerged into this Conservation Easement and
Contract and superseded by it.
13
7.02 Severabilitv
Any provision of this Conservation Easement restricting GRANTORS' activities,
which is determined to be invalid or unenforceable by a court of competent jurisdiction,
shall not be invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable by a court of competent jurisdiction
shall be severed from the other provisions, which shall remain enforceable and effective.
7.03 Notice
All notices required by this Conservation Easement must be written. Notices
shall be delivered by hand or express, certified or registered mail. return receipt
requested, by certified mail, with sufficient prepaid postage affixed nnd with return
receipts requested or by Nationally Recognized Courier Service, return receipt requested.
Mailed or expressed notice to GRANTORS shall be nddrensed to GRANTORS' addrnss
ns recited herein, or to such other address ss GRANTOR may designate by notice in
accordance with this Section 7.03. Mailed notice to GRANTEE shall be addressed to
their principal offices, recited herein, marked for the attention of thc County Attorney or
to such other addr~s as GRANTEE may designate by notice in accordance with this
Section 7.03. Notice shall be deemed given and received ns oftbe date of its manual
delivery or the date of its mailing.
Notices for GRANTEE shall be sent to:
Suffolk County Division of Real Estate
H. Lee Dennison Building
100 Veteran's Memorial Highway
P.O. ~ox 6100
Hauppange, New York, 11788
Attn: Janet M. Longo
Assistant to the Commissioner and Acquisition Supervisor
Division of Real Property Acquisition and Management
With copy to:
Suffolk County Department oft.aw
H. Lee Dennison Building
100 Veteran's Memorial Highway
P.O. Box 6100
Hanppauge, New York, 11788
Attn: Christine Malafi, Coumy Attorney
14
7.04 Goveruinn Law
New York Law applicab]c to deeds and conservation easements pertaining to land
located within New York shall govern this Conservation Easement in all raspec~
including the grant, validity, construction, interpretation, brea~h, violation and
performance, except as provided in Section 7.05 hcreof.
7.05 lntem~=tation
Regardless of any contrary rule of construction, no provision of this Conservation
Easement shall be consu'ued in favor ofone of the panics because it was drafted by the
other party's attorney. No alleged ambiguity in this Conservation Easement shall be
construed against the party whose attorney drafted it. if any provision ol'this
Conservation Easement is ambisuous or shall hc subject to two or more interpretations,
one ot'which would render that provision invalid, then that provision shall be given such
interpretation as would render it valid and be consistent with the purposes of this
Conservation Easement. Any rule of strict construction designed to liruit the breadth o1'
the restrictions on use ol'the Property shall not apply in the construction or interpretation
of this Conservation Easement, and this Conservation Easement shall be interpreted
broadly to effect the purposes of this Conservation Easement as intended by the parties.
The parties intend that this Conservation Easeruent, which is by nature and character
priruarily negative in that GRANTORS' have reslricted and liruiled their fight to use the
Property. except as otherwise recited herein, be cons~ucted at all tirues and by all pn~ties
to effectuate its purposes.
7.06 Third Party Ris:hts
Notwithstanding anything to the contrary, a public body or not-I'or-profit
conservation organization which is not a holder of this Conservation Easement may
enforce any of the terms of this Conservation Easement.
7.07 Public Ac~;e~s
Nothing contained in this Conservation 'Easement grants, nor shall be interpreted
to grant, m the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations madc by thc parties in this Conservation
Easement shall survive its execution.
15
7.09 Recordin~
Grantees shall record this Conservation Easement in the land records of the office
of the Clerk of the County of Suffolk, State of New York
7,10 HendinRs
The headings, title nnd subtitles herein have been inse~-'d solely for convenient
rel'erence, ~nd shall be ignored in its construction.
7. i: C,,,,,:,'o ,%::-~; To..",;.-;.~;.;.. ' ,,,~
notice
pumuant to pam?O'aph ?.0:~
Acquisition & ~.rd~.r to_ allow the Division of~..
R~!?_,o_ ~ ...... ,..'~ ~ i ..... :&.S_,_m.?! .~ ob~. en a..r.~., of the,,o~,,y ~.d
lin WITNESS WilER]gOF, the GRANTORS hav~ duly ex~cuted Ibis Dccd of
Conservation Easement the day and year first above written.
WITNESS
JAMES MANOS REVOCABLE
TRUST AGREEMENT
JAMES MANOS REVOCABLE
TRUST AGREEMENT
16
RUNNING THENGE norlh ~9'clqFee~ S'J minutlm 00 mconds w~t 85.58 feet to
THENCE muthw~dy ~ong m ~. af H c:t~e, hinting a radius ~ 38.12
die. hOe af 61.46 ~d;
THEKCE ~out~'41 cleGn~. ~ mbut~ 00 semnd, e~at, 7;'.t~ ~
THEN¢~ .outh ~4 dagmes 06 minutes O0 .ecxx~ west, 4?.62
THENCE .ouff~ 4t degrees 01 minute ~0 s~o~nds east. ~0.92 ~
THENCE muth 06 degrees 16 m~nu'as t4 semncl~ Mint. 19.78
THENCE muth 13 degm~ 5~ .t~lUt~ O0 ,mxmd. vmM, 43.(]0 feel;
THENCE .ou~ 21 degm~
THENCE nmfft 39 clegm~ 55 mbutm 00 ~mmb wast, e1.76 feet;
THENOE ninth 36 deg'me~ 55 mlmcee 00 ~eeond~.west, 234,62 f~et;
THENCE nodh a,,4, degrees 13 minute~ 10 ~ east., 150.7g feet to the polnt
or ~ of BEGINNING.
Said pmp~ also known and designated ns Suffolk County Tax Map Nos.: 1000-059.00-
05.00-002.001,002.003p/o, and 027.000.
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK'~. ~.~ ~,
On the ~.~, ,,,,y o1' in the ye~ 2~7, be~o~ me, the
und~i~ ~lly ~p~ S~IIa Mano~ ~n~ly kno~ to me or pmv~ m me
on the b~is of ~tisf~to~ cvid~ce m ~ the individual(s) who~ n~s} is (~)
snb~ to the wi~in instrument ~d ~owl~g~ ~ me th~ h~shdthey ex~ut~
the ~me in hi~e[(~e~ ~p~it~i~), ~ hi~/~eir si~atur~s) on the
in~m~t, the ind~v~d~l(s), or
ex=ut~ the in~m~t.
Si~ ~d Office o~ lnd~
T~ing Ac~
S'FATE OF NEW YORK )
/.~ ~.:
'~ , p y a~ , ~ C~T~s~, ~nnlly ~o~ ~ me
or pmv~ ~ me on ~e b~is o~saisf~to~ ~idence m be ~e indi~dual(s~ wh~
n~s) is {~} sub~b~ to the within instm~nt ~d ~owl~8~ m me that
h~sh~ey ~ut~ the ~e in hi~/their cap~it~i~), ~d ~at by hi~/their
17
STATE OF NEW YORK )
On the ,~, uay of , in the year 2007, before me, the
undersigned, personally nppeared James Mnnos, as Co-Trustee, i)er~)nally known to me
or proved to me on the bnsis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the
· . . individu~l(s),..0~_the person upon behalf of which the
ind~wdual(s) acted, executed the inst~ r~
Taki ~g Acknowledgment
18
TORRENS
Cerfificme #
IX.d/Mo~,eTBSml~O
Recardin~ I Filing, Stamps
Page I Filin~ Fee
Hamllin8 .~.~
TP-584
Notation
· F.A-Y2 17(County) __ Sub Total
EA-5217 (Slate)
ILP.T.8.A.
~ OO ·
Afl'Hhvit
C~lified ~ __
Re~. Copy . ,,,/.__
O~h~'
GRAND TOTAL __
Rea] Prop~y Tax Servim A~ncy Verification
1000 05900 0500 002601--"
~pT~', xooo 059oo osoo o2'~ooo~,/0
\ 1000 05900 0500 002003
Satisfa~tio~ ..... o .......... - ..... ~,,~
I. I~ic Tu
2. Additional Tax
Sub Total
Or
Spec./Add.
TOT. MTO. TAX
Dual Town~. Dual County,__
Held for Appo~onment __
i'tansf~r Tax
~si~ T~
~ ~fly ~ by thb m~e h m
will be improved by a one or two family
YES~ or NO
see ~ppropri~e tax clause on paSe #
__ ofthb imm~mem.
Pmscrvation Fund
Consideration Amount $
CPF Tax Due $
Vacant Lend
TD
TD
Title Company Information
& Endorsement
This ~ £om~ Imrt ofll~ ~ made by:
~ 5 ~H 9 ~ BE'I~P~ ~ ~ ~ B~ INK ~LY PffiOR ~ ~G OR ~U~.
(ovum
SUFFOLK COU~T~ CLERK
RECORDS OFFICE
RECORDIN~ PAGE
Type of Instrumentz EAH~MBHT/DOP
Number of Pagesz 20
Receipt Number : 07-0040747
TRANSFER TAX NUMBER: 06-31219
1000
Deed Amounb=
Recordedz
LIBER:
PAGE:
Section: Block=
059.00 05.00
$0.00
Received the Following Fees For Above Instrument
P&ge/Filing $0.00 YES Handling
COB $0.00 YES NYS SRCHG
TP-584 $0.00 YES Notation
Ce~t. Copies $0.00 YES RPT
SCTM $0.00 YE5 Transfer tax
C~.Pree $0.00 YES
Fees Paid
TAX HUMBER: 06-31219
PAGE IBA PART OF THE INSTrUMeNT
THIS IS NOT A BILL
Judi~hA. Pascals
County Clerk, 8u££olk County
04/25/2007
03~48:31 PM
D00012502
514
Lot:
002.001
$0.00 YES
$0.00 YES
$0.00 YBS
$0.00 YES
$0.00 YES
$o.oo