HomeMy WebLinkAboutL 12478 P 219SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 15
Receipt Number : 06-0109602
TRANSFER TAX NUMBER: 06-12580
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
069.00 03.00
EXAMINED AND CHARGED AS FOLLOWS
$620,487.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $45.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $9.75 NO RPT
SCTM $0.00 NO Transfer tax
Con~n. Pres $0.00 NO
TRANSFER TAX NUMBER: 06-12580
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
11/14/2006
10:01:03 ~
D00012478
219
Lot:
010.008
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$114.75
DEC - 8 '.<.95
DEPT OF ~AND
PRE?RVATiON
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
31
Deed. Mortgage Instrument
RE ..ORD~D
'2006 ,.'.!or !4
judit, h ~, pascale
CLERK OF
SUFFOLK COUNTY
L D00012478
P 2i9
OT~ 06-12580
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
FEES
Page / Filing Fee
Handling
TP-584
No~tion
EA-5217 (County)
5. O0
EA-5217 (State)
R.I~TS.A.
Comm. of Ed.
Affidavit
Certified Copy ~
Reg. Copy
Other
4 I Disr~ct/~
Real
Property
Tax Service
Agency
Verification
5. 00
Satisfaction/Discharges/Release List Property Owners Mailing Address
'81
RECORD & RETURN TO:
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
or
Spec. / Add.
TOT. MTG TAX
Dual Town Dual County __
Held for Appointment __
Transfer
Tax (_.._~ __
Mansion Tax
The property covered by this motgage is
or will be improved by a one ol two
family dwelling only.
YES __ or NO
If NO, see appropriate tax clause on
page #. of this 7//~.._mbnt~
Communit~ Pr~ervafion Fund
Co=idera on Amount
CPF Tax Due $.
Improved
Vacant Land
TD /0
TD
TD
Title Company Information
COMMONWEALTH
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~A~7'~',e:,
(sFEcwY ~FE oF ~NS~U~N~)
~o
made by:
The premisis herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of
In the VILLAGE
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
2nd day of November, 2006 at Southold, New York. The party is FLOWER
HILL BUILDING COR~P~ Split Rock Road, Syosset, New York 11791
("Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having
its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York
("Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM# 1000-69-3-p/o 10.1 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by
Peconic Surveyors, P.C., dated June 27, 2005 and last revised September 9,
2006, and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in both the AC and the RO Zoning
Districts of the Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for agricultural production;
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, pres~[ve 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, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any development; 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, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of Six Hundred and Twenty
Thousand and Four Hundred and Eighty-Seven Dollars ($620,487.00) 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 HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
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.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.0:t 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 State and is authorized under Section 64 of the New York State
Town Law and 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 and
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 Recoqnition
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. 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, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated June 27, 2005 last revised September 9, 2006
prepared Peconic Surveyors, P.C. and a Phase I Environmental Site
Assessment dated March 3, 2006 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
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
THE EASEMENT
1.01 Type
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 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code of the
Town of Southold (the "Code").
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 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 "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.
ARTICLE TWO
SALE
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 in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. 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 walkways.
3.02 Excavation and Removal of Materials; Mininq
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on 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 to
construct and maintain the permitted structures and improvements on the
Property and 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 Dumpinq
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 Siqns
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 Landscaping Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04 and 5.04.
Notwithstanding this provision, the property may be cleared in connection
with agricultural production, as that term is currently defined in Chapter 70
of the Town Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. Utilities must,
to the extent possible, be constructed within 30 feet of the centertine of any
roads or driveways, and may be used solely to service the permitted
structures. The Property may not be used for the creation or placement of
utilities to service any other properties.
3.08 Prohibited Uses
The use of the Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, shall be prohibited.
For the purposes of this section, agricultural production, as defined in
Chapter 70 of the Town Code, shall not be considered a commercial use.
3.09 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 U.S.
Department of Agriculture's National Resource Conservation Service.
3.10 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.
3.11 Development Riqhts
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,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
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, State, or federal law.
4,04 Landscapinq Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the
property.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 70 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, provided such structures are necessary
for agricultural production;
Renovation, maintenance and repairs of structures built
pursuant to this Section 4.06, provided the the purpose of
the structure remains agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent 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.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
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.
4.08 Alienability
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, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
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 Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, 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.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin
and prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby authorized
to enter upon the Property to perform such maintenance.
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 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 5.04 and
6.03, or 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 Riqhts 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
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 6.04. 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 Extinquishment/Condemnation
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. Tn such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open
space value of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
This Easement contains the entire understanding between the parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
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 shallapply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
said rights and interest, 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 alter 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 Recordinq
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.
Title No: RH06305074
SCHEDULE A - DESCRI'pT'rON
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the West side of Main Road adjoining land of Faszczewski on the South, said point of
beginning being 425 feet, more or less, from the northerly side of Ackerly Pond Road, formerly Bowery Lane;
from said point of BEGINNING;
RUNNING THENCE along said land of Faszczewski the following two (2) courses and distances:
1. North 79 degrees 56 minutes 20 seconds West, 95.90 feet;
2. North 82 degrees 01 minute 40 seconds West, :104.10 feet;
THENCE continuing along land now or formerly of Baker the following three (3) courses and distances:
1. North 81 degrees 01 minute 30 seconds West, 473.01 feet;
2. North 78 degrees 37 minutes 50 seconds West, 312.63 feet;
3. South 7 degrees 59 minutes 20 seconds West, 545.31 feet to Ackerly Pond Lane;
RUNNING THENCE along said Lane the following four (4) courses and distanC'e~::'
1. North 77 degrees 40 minutes 50 seconds West, 59.09 feet; ~
2. North 61 degrees 16 minutes 50 seconds West, 162.61 feet;
3. North 38 degrees 4,1 minutes 00 seconds West, 692.13 feet;
4. North 39 degrees 43 minutes 50 seconds West, 360.12 feet;
RUNNING THENCE South 88 degrees 11 minutes 20 seconds East, 399.76 feet;
RUNNING THENCE North 76 degrees 21 minutes 20 seconds East, 115.64 feet; ,
RUNNING THENCE South 73 degrees 54 minutes 50 seconds East, 220.21 feet;
RUNNING THENCE North 16 degrees 05 minutes 10 seconds East, 255.60 feet;
RUNNING THENCE North 73 degrees 54 minutes 50 seconds West, 255.63 feet;
RUNNING THENCE South 16 degrees 05 minutes 10 seconds West, 255.60 feet;
RUNNING THENCE South 76 degrees 21 minutes 20 seconds West, 92.13 feet to land now or formerly of Diller;
RUNNING THENCE along said land, North 16 degrees 05 minutes 10 seconds East, 368.80 feet to land of
"Southold Villas, Section 2" File No. 9237;
RUNNING THENCE along saidland South 75 degrees 43 minutes 10 seconds East; 757.92 feet;
RUNNING THENCE South 12 degrees 40 minutes 40 seconds West, 325.00 feet;
RUNNING THENCE South 77 degrees 19 minutes 20 seconds East, 452.00 feet;
RUNNING THENCE North 12 degrees 40 minutes 40 seconds East, 314.48 feet;
Certificate of Title
Title No: RH06305074
RUNNING THENCE South 81 degrees 12 minutes 30 seconds East, 167.11 feet to land now or formerly of
Burnett;
RUNNING THENCE South 12 degrees 40 minutes 40 seconds West along said land now or formerly of Burnett
and later along land now or formerly of Zanganas, 276.44 feet;
RUNNING THENCE South 81 degre6;s 16 minutes 50 seconds East along said land now or formerly of Zanganas,
200.00 feet to the west side of Main Road (S.R. 25);
RUNNING THENCE South 11 degrees 36 minutes 20 seconds West along said west side of Main Road, 275.07
feet to the point or place of BEGINNING.
Certificate of Title
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.
ACKNOWLEDGED AND ACCEPTED:
By:
ACKNOWLEDGED AND ACCEPTED:
TOWN OF $OUTHOLD (Grantee)
BY:
JOHN P. SEPENOSK!
Deputy Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this 2nd day of November, in the year 2006 before me, the undersigned,
c~'/~ZT~] ~-. (./~z_ 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(les), and that by 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.
Notary Public
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 FA4950146
Qualified In Suffolk County
Commission Expires April 2~,,
On this 2nd day of November, in the year 2006 before me, the undersigned,
personally appeared lol~n P. Sepenoski, 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(les), and that by 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.
Notary Public
PATR~C, IA L. FALLON
Notary Pd~lic, S',~!3 Of New York
h!(,,, 0i FA4950146
Qt~¢i! ~:;<I ',,~ Su;foJk County
Corrm-,is;ion Expires Aplil 24, ~¢f~7
C:\Documents and Settings\Anne\My Documents\Anne\Town of Southold Deeds of Development Rights\ FLOWER
HZLL BUILDING CORP,Grant of Development Rights Easement 8205.doc