HomeMy WebLinkAboutL 12290 P 536 I iillllf IlII lflll!lIII!f[fl Illi!Ilfl!II![f[!I[[!!II If![
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP Recorded: 12/17/2003
Number of Pages: 24 At: 04:19:08 PM
TRANSFER TAX NUMBER: 03-20642 LIBER: D060.12.290
PAGE: 536
District: Section: Block: Lot:
1000 055.00 02.00 024.002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt /Exempt
Page/Filing $72.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO- Notation $0.00 NO
Cert.Copies $0.00 NO RPT $70.00 NO
SCTM $0.00 NO Transfer tax $0 .00 NO
Comm.Pres $0.00 NO
Fees Paid $172.00
TRANSFER TAX NUMBER: 03-20642
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
FEB 2 5 2004 V
_. FEB 2 7 2004
m - DEPT.OF LAND
PRESERVATION
M 7
4 ,
Number of pages RECORDED
2003 Dec 17 04:19:08 PMI
TORRENS Edigard P.Romaine,
CLERK OF
Serial# SUFFOLK COUNTY
L D00012290
Certificate# P 536
DT# 03-20642
Prior Ctf. #
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee _ Mortgage Amt.
1. Basic Tax
Handling 5. 00 2. Additional Tax
TP-584 f Sub Total
Notation Spec./Assit.
!� �• or
EA-52 17 (County) Sub Total pl Spec./Add.
EA-5217 (State) TOT.MTG.TAX
CIS Dual Town Dual County
R.RT.S.A. V Held for Appointment
Comm. of Ed. 5. 00 '. : Transfer Tax
Affidavit ' o Mansion Tax
4 The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 ! family dwelling only.
Sub Total YES or NO
Other
Grand TotIf NO, see appropriate tax clause on
page# of this instrument.
4 IDist.1-Dool Section ,r B1oc1d�Z, U0 LoQz`f oa Z 5 Community Preservation Fund
Real Prop rty 66,3109 6(0 d' d 14• '3"'o Consideration Amount $ _
Tax Service,-o 1) zo pov 6)D 2'. &>bl
Agency 1 CPF Tax Due $
Verification ,*1 pROp
SMOIX�A Improved
c0umly
Vacant Land
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD &RETURN TO:
�
TD
G 6
AftTD
x (141
7 Title Company Information
Co. Name
Title#
8 Suffolk Count eenrdin.2 & Endorsement Page
This page forms part of the attached i�fG M l made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY,NEW IYORK.
TO In the Township of
In the VILLAGE
r4w 7y or HAMLET of
BOXES/6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
y
THISEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the I
day of Dzctrn2003 at Southold, New York. The parties are ANNE A.
HUBBARD residing at 9 Legget Road, Bronxville, New York (herein called
"
Grantor ), and the TOWN OF SOUTHOLD, a municipal corporation, having
its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York
(herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, more-fully
described in SCHEDULE A and designated for purposes of this Easement as
Parcel A (SCTM#1000-55-2-24.2), Parcel B (SCTM#1000-63-„1-16) and
Parcel C (SCTM#1000-55-5-2.4) and shown on the surveys marked EXHIBIT
A, all attached hereto, made a part hereof, and hereinafter referred to as the
",Property”; and
WHEREAS, the Property is currently agricultural land in an open and
fallow condition; 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 Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas;-preserve prime agricultural soils, to
protect the scenic, open space character of•che Town and to protect the
Town's resort'and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aestheticandagricultural resource,
and has not been subject to any development, a
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,-natural, scenic and agricultural resource; and
NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other
good and valuable consideration paid to the Grantor,•the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross, which
shall be binding upon and shall restrict the premises shown and designated
as the. Property herein, more particularly bounded and described 'on
Schedule A annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in tonnetion with it and as its successors and assigns forever,
r set forth with
respect to the Property unto the Grantee
reserving, however, for the direct ass use
nsand
thebenefit
exc usive rght of occupancy egal
representatives, successors a 9
and of use of the Property, subject to the limitations, condition; covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the. Property.
Stewart Title Insurance Company
Title No: 23-S-3144
Schedule A Description
•,pARCEL A: 1000-055.00-02.00-024.002
with
the buildings and improvements
ALL that certain plot,pid being at Southold,
or parcel of land n thTown of Southold,County of Suffolk
thereon erected,situate,lying an ,
and State of New York,more particularly bounded and described as follows:
is the
BEGINNING at a point on the northerly side of Middle eRoad,fromcsap�whid,po nt of
southeast comer of land now or formerly of Madeleine Schla ,
beginning
RUNNING THENCE North 39 degrees 39 minutes 30 seconds West, 150.00 feet to a
point;
THENCE South 50 degrees 22 minutes 00 seconds West, 55.00 feet to a concrete
monument;
THENCE South 52 degrees 22 minutes 20 seconds West,93.35 feet to a concrete
monument and land now or formerly of Wheeler;
THENCE South 55 degrees 32 minutes 40 seconds We
Pirrer0a'Q1 feet to a concrete
monument and land formerly of Hoffmann,now or formerly
THENCE South 59 degrees 21 minutes 00 seconds West,
140.01 feet to a concrete
monument and land formerly of Davis,now or formerly of pirrera;
THENCE South 62 degrees 05 minutes 40 seconds West,61.99 feet to a concrete
monument;
s 15 minutes 00 seconds Van Duzer126.93 e
et to a concrete
THENCE South 79 degree
Appliance Company
monument and land formerly of Van Duzer,now or formerly of
Inc.
INCE North 10 degrees 53 minutes 50 seconds West,450.43 feet to a point and land
T r. .
now or formerly of Carroll;
TOGETHER with all right,title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
THENCE North 79 degrees 15 minutes 00 seconds East,625.34 feet to a.concrete
monument and land now or formerly of Carroll;
THENCE , South 07 degrees 08 minutes 00 seconds East,30.35 feet to a concrete
monument;
THENCE southerly along other land of Carroll,South 87 degrees 49 minutes 50 seconds
East, 414.30 feet to a concrete monument and the northerly side of Middle Road;
THENCE westerly along the said northerly line on a curve to the right having a radius of
9259.0.1 feet,a distance of 462.77 feet to the point or place of BEGINNING.
PARCEL B 1000-063.00-01.00-016.000
ALL that certain plot,piece or parcel of land with the buildings and improvements
thereon erected,situate,lying and being at Southold,in the Town of Southold,County of Suffolk
and State of New York,more particularly bounded and described as follows:
BEGINNING at a point on the easterly side of Horton's Lane at the-northerly end of a
curve connecting the easterly side of Horton's Lane with the northerly side of Middle Road;
RUNNING THENCE North 8 degrees 57 minutes 10 seconds West along the easterly
side of Horton's Lane,77.961 feet;
THENCE North T degrees 48 minutes 10 seconds East along land formerly of Conway
Bros.,now or formerly of V A Realty,Inc., 388.36 feet;
THENCE South 22 degrees 53 minutes 20 seconds East along land formerly of Long
Island Cauliflower Association,now or formerly of V A Realty Inc.,93.54 feet to the northerly
side of Middle Road;
THENCE South 67 degrees 06 minutes 40 seconds West along the northerly side of
Middle Road, 367.01 feet to the easterly end of the curve above mentioned;
THENCE northwesterly along the same,having a radius of 40.00 feet,a distance of
72.56 feet to the point or place of BEGINNING.
PARCEL C: 1000-055.00-05.00-002.004
ALL that certain plot,piece or parcel of land with the buildings and improvements
thereon erected, situate,lying and being at Southold,in the Town of Southold,County of Suffolk
and State of New York,more particularly bounded and described as follows:
TOGETHER with all right,title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises. ,
BEGINNING ata point on the southerly side of Middle Road at the northwest comeorfof
premises herein described,adjoining land formerly of Middle Road Corp.,now or formerly
North Steak LLC,on the west;
RUNNING THENCE along the southerly side of Middle Road,North 67 degrees 06
minutes 40 seconds East,370.60 feet to other land formerly of Frank W.Abrams,Jr.,now or
`brmerly of William A.Penney III;
THENCE along said land and along land now or formerly of Gary and Joan Rempe,
South 17 degrees 55 minutes 50 seconds East,367.40 feet to land of Daniel J.Charnews and
wife;
THENCE along said land South 72 degrees
04 minutes
North Seale LLC;nds t,418.14 feet to
:paid land formerly of Middle Road Corp.,now o formerly
THENCE along said land North 09 degrees 37 minutes 50 seconds West;338.91 feet to
the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the party
of the first part by deeds recorded in Liber 12237 at page 399,
Liber 12113, page 973 and Liber 12093, page 900.
TOGETHER with all right,title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
12/09/2003 81:46 631-207-3790 LLSA CLARE KOM JR K PAGE 02
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained In this Development Rights
Easement, the parties agree upon Its provisions, intending to be bound by It.
ARTICLE ONE
THC EASEMENT
1.0 1 U12
This instrument conveys a Development Rights Easement(herein
called the"Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this"Easement"or Its"provisions"shall Include
any and all of those limitations,covenants, use restrictions, rights, terms
and conditions.
1,02 Defini�fon
"Development Rights"shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
open space as that term Is presently referenced in Section 247 of the New
York General Municipal Law and/or defined In Chapter 59 of the Town Code
of the Town of Southold.
1.03 Duration
i his Easement shall be a burden upon and run with the Property In
perpetuity:
1.04 ffe!3
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"Grantor"when
used herein shall Include all of those persons or entities. Any rights,
obligations, and Interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors, and
assigns, and the word"Grantee" when used herein shall include all of those
persons or entities.
AR33CLe TWO
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, In perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement to perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THKE�,
PBDHIB ED ACTS
From and after the date of this Easement,the following acts, uses and
practices shall be prohibited forever upon or within the Property:
The Grantor, for herself, and for and on behalf of her legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee Is a
municipal corporation organized and existing under the laws of the State of
New York and is authorized under Section 247 of the New York General
Municipal Law to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual rights
which may be necessary or desirable for the preservation and retention of
open spaces and natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic or agricultural
values of the Property and have the common purpose of preserving these
values. This Deed is intended to convey a Development Rights Easement on
the Property by Grantor to Grantee, exclusively for the purpose of preserving
its character In perpetuity for its environmental, scenic, agricultural, and
natural values by preventing the use or development of the Property for any
purpose or in any manner contrary to the provisions hereof, in furtherance
of federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the Importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. Grantor has made available to Grantee sufficient
documentation to establish the condition of the Property at the time of the
delivery of this Development Rights Easement. In order to aid in identifying
and documenting the present condition of the Property's natural, scenic,
agricultural and aesthetic resources and otherwise to aid in identifying and
documenting the Property's agricultural values as of the date hereof and to
assist Grantor and Grantee with monitoring the Uses and activities on the
property and ensuring compliance with the terms hereof, Grantee has had
prepared, with Grantor's cooperation, a survey dated August 12, 2003,
(Parcel A) a survey dated July 11, 2003 (parcel B) and a survey dated July
11, 2003 (Parcel C), all prepared by John C. Ehlers Land Surveyor and a
Phase 1 Environmental Site Assessment, dated September 29, 2003,
prepared by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
3.01 Structures
Except as provided in Section(s) 4.06, the construction or placement
of residential, commercial, industrial or other buildings, structures., or
improvements of any kind or nature (including, but not limited to mobile
.homes), permanent or temporary, on, over, or under the Property, shall be
prohibited. Structures and improvements, including, but not limited to,
driveways and other structures as may be permitted in Section(s) 4..06
hereof, shall not be erected on, over, or under the Property without the prior
written approval of the Grantee, as may be required by the Town of
Southold now, or as it may be amended. Approval may be granted only if
the structure does not defeat or derogate from the purpose of this Easement
or other applicable law. For purposes of this Easement, "structure" shall be
defined as anything constructed or erected on or under the ground or upon
another structure or building, including berms, driveways or walkways.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property shall be prohibited, without
the prior written consent of Grantee. Mineral exploitation, and extraction by
any method, surface or subsurface, is prohibited. The removal of topsoil,
sand, or other materials shall not take place, nor shall the topography of the
Property be changed except for purposes of erosion control and soil
management, without the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real :Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall Include the division of the portion of the Property from which the
development rights are acquired Into two or more parcels, in whole or, in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not.limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, Including
fertilization and composting.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily'advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems on the Property
shall be prohibited without the prior written consent of the Grantee.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or industrial use shall. be prohibited. For the purposes of this
section, agricultural production, including the raising of crops, livestock and
livestock products, as the term Is presently defined in Chapter 25 of the
Town Code shall not be considered a commercial use.
3.08 Soil and Water
Any use or activity that causes or Is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance, with sound agricultural management practices of the US
Department of.Agriculture's National Resource Conservation Service.
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on. the Property.
3.10 Development Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property and
the parties agree that such rights shall be terminated and extinguished and
may not be used or transferred to any other parcels.
ARTICLE FO
GRANTOR'S RIGHTS
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 described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law.
. 12/09/213113 81:48 631-287-3798 LISA aF- 1 WJW PAGE 83
4 n Iiv IP
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property and to clear
the Property for use In agricuitural production. Grantor shalt have the right
to remove or restore trees, shrubs, or other vegetation when dead,
diseased, decayed or damaged, and to remove invasive or exotic species.
4.05 5rustuM
A. Allowable Improvements. Grantor shall have the right to erect and
maintain structures and Improvements on the Property set forth below, with
the prior written approval of Grantee, and with such further approval as may
be required by the Town Code provided the structure or Improvement does
not defeat or derogate from the purpose of this Easement or other applicable
laws:
(I) Access drives, to provide access to the improvements permitted
by this Section 4.06; a foot trail for non-motorized vehicles for
foot traffic only for the sole use of the future owners, tenants,
occupants and Invitees; and
(ii) underground facilities normally used to supply utilities and
control stormwater runoff'from the Improvements permitted
under the terms of this paragraph A and 13.
(ill) Fences, if placed so as not to block or detract from the scenic
view.
B. Replacement of Improvements: In the event of damage resulting from
casualty Ions to an extent which renders repair of any existing Improvements
impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted In kind and within the
same general location subject to the review and written approval of Grantee,
pursuant to applicable provisions of the Town Code,
C. Environmental Sensitivity During Construction: The use and
location of any Improvement permitted hereunder shall be,cunsistent with
the purposes Intended herein, and construction of any such-imprOveMent
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of'vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
J
4.06 Notice
Grantor shall notify Grantee, In writing, before taking any action or
before exercising any reserved right with respect to the Property, which
12i89irbM 61:4b 631-287-57911 LLSA U-AK KLXen'iw FAGE 114
• could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement.
This notice is In addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.0_.7 AllenabllIN
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee.of any conveyance of any interest in
the Property, Including the full name and mailing address of any transferee,
and the individual principals thereof,.under any such conveyance. The
Instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed Is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, fiber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE EM
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessn,=
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, Including any taxes or levies'imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or Interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys'fees,judgments, expenses, charges or liens to Grantee or
any of Its officers, employees, agents or Independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies.or assessments upon It or resulting from this Fasement, all of
which shall be considered Grantor's obligations.
5 Q� Third paft Clalms
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 resulting: (a) from
Injury to persons or damages to property arising from any activity on the
Property, except those due solely to the acts of the Grantee, Its officers,
employees, agents, or Independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, Its officers, employees, agents, or
independent contractors.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior written notice to Grantor, and in a manner that will not
interfere with Grantor's quiet use and enjoyment of the Property, for the
purpose of inspection to determine whether this Easement and its purposes
and provisions are being upheld. Grantee shall not have the right to enter
upon the Property for any other purposes, except as provided in Section
5.04nor to permit access upon the Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation; fire, flood, storm, and earth movement, or from any prudent.
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(Iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section.
6.04 Notice
All notices required by this Easement must be written. 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
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 7.04. Mailed notice to-Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment
This Easement gives rise to a property right and interest immediately
vested in the Grantee. For purposes of this Section 6.06, the fair market
value of such right and interest shall be equal .to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, is hereinafter referred to as the
"Proportionate Share"). In the event a material and potentially
unforeseeable change in the conditions surrounding the Property makes
impossible its continued use for the purposes contemplated hereby, resulting
in an extinguishment of this Easement by a judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair
market value of the Property at such time. In the event of a sale or the
disposition by Grantor to an unrelated person subsequent to such
extinguishment, or a transfer made on account of the exercise of the power
of eminent domain, the sale,price or condemnation award shall establish fair
market value. Absent such a sale, the Property's fair market value shall be
established by Independent appraisal.
If all or any part of the Property is taken under the power of eminent
domain by public, corporate, or other authority, or otherwise acquired by
such authority through a purchase in lieu of a taking, so as to abrogate the
restrictions imposed by this Easement or otherwise effectively to frustrate
the purposes hereof, Grantor and Grantee,shall join in appropriate
proceedings at the time of such taking to recover the full value of the
interests in the property subject to.the taking and all incidental or direct
damages resulting from the taking. All expenses reasonably incurred by the
parties to this Easement in connection with such taking shall be paid out of
the recovered proceeds. Grantee shall be entitled to the Proportionate
Share of the remaining recovered proceeds. Grantee shall use such
proceeds actually recovered by It in a manner consistent with the purposes
of this Easement. The respective rights of Grantor and Grantee set forth in
this Section 6.06 shall be in addition to, and not in limitation of, any rights
they may have by law with respect to a modification or termination of this
Easement by reason of changed conditions or the exercise of powers of
eminent domain as aforesaid.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by It.
7.02 Amendment/Termination
This Easement is made with the Intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This Easement can be terminated or modified in accordance with the
common and statutory law of the State of New York applicable to the
termination and modification of easements and covenants running with the
land and according to other applicable provisions of State Law, including, but
not limited to Section 247 of the General Municipal Law. If the parties seek
to amend this Easement, and such amendment does not alienate any
property rights acquired by Grantee herein, the Grantee shall hold a public
hearing with due notice to consider the amendment. Such an amendment
may be approved by a majority plus one vote of the Town Board, provided,
however, that Grantee shall have no right or power to approve to any
amendments hereto that would result in this Easement failing to qualify as a
valid Conservation Easement under Article 49, Title 3 of the Environmental
Conservation Law of the State of New York, as the same may be hereafter
amended, any regulation issued pursuant thereto, or Section 170(h) of the
Code governing "qualified conservation contributions".
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except upon the adoption of a local law authorizing the alienation of said
rights and interest, by a majority plus one vote of the Town Board of the
Town of Southold, following a public hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall after the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement In all respects, including validity,
construction, interpretation, breach, violation.and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
Interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been Inserted solely for
convenient reference, and shall be Ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
J
ACKNOWLEDGED AND ACCEPTED:
TOWN OF OU�T�HOLD(Grantee)
BY: 9 '�-- -- -_
Joshua Horton
Supervisor
STATE OF NEW YORK)
COUNTY OF � ) SS:
c
On this 1 "-day of I4 C. in the year 2003 before me, the
undersigned, personally appeared personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s}—
whose name() is (efe) subscribed to the within instrument and 51..%—
acknowledged to me that-re/she/fey executed the same in+4is/her/t#eir
capacity(4es), and that by Ns/her/their signature(s) on the instrument, the
individuai(e), or the person upon behalf of which the Individual(* acted,
executed the instrument.
�lromas,d.Hubbard
Notary Public N° Kp 02HU89912MIG 50
Qualified in Westchester�u2006
For use outside NewCMr
State, District of Columbia, Territory, Possession, or )
Foreign Country } SS:
On the day of in the year 2003 before me, the undersigned,
personally appeared , personally known to me or proved to me on the
basis 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), that be
his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument, and
that such individual made such appearance before the undersigned in the
(Insert the city or other political subdivision and the state or country or
other place the acknowledgment was taken.)
Q /Anne/Town of Southold Development Rights Deeds /Hubbard Final
Development Rights Easement
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this I ILuday of'j)dy ljl(in the year 2003 before me, the
undersigned, personally appeared To5hoa I4or tori , personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(4
whose name is 4fej subscribed to the within Instrument and
acknowledged to me that he/5heffhe1y executed the same in his/berffhetr
capacityees), and that by his/#ef- it signature(4 on the instrument, the
individual(,, or the person upon behalf of which the individual(s) acted,
executed the instrument.
V . &�
Notary Public
ANNE M.RAMUNNO
Notary Public.State of New Yd*
No.a990457
Qualified in Suffolk CouMy
Commission Expires Jen.6.