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Home My WebLink AboutL 12040 P 338 THIS AMENDED DEED OF CONSERVATION EASEMENT is made on thel g'~"- day of May, 2000 at Southampton, New York. The parties are GLENN K. SMITH and ELLEN ROSENBUSH. his wife, both residing at 2850 Main Bayview, Southold, NY 11971, (herein called G~antvr), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New Yor!~: Corporation. having a principal office at 296 Hampton Road, PO Box 1776. Southamptor~, NY 11969, (i,erein called Grante,:). WHEREAS. a conservation ansement was conve, ~d to Grantee in Libor I 1926 ep 575, dated September 22. 1994 and recorded in the O ffic'e -,fthe Suffolk County Clerk on October I~., 1994, hereinafter referred to as the 1994 Easement; and WHEREAS, said conservation casein, .,n c,~lcumbers a 17.5 acre parcel of Property reducing the overall density from nine (9) to four f4) units with thc creation of two (2) lots, each comprised ora Development Area and an Open Area; and ~' HEREAS. Grantor. as owner o f lot # o f the a foran'~entioned Property as described ?n Schedule A altach,~ hereto, desires to modify and rcconfi~?,!;e the bolmdary lines of the Development Area :md Open Aroa without reducing tile acreage of the Open Area: and V,q.IEREAS, th,~' resultant boundary line change woul I shift approximately 5,2 feet o?gricultural open space from the in crior to Bayview Road which would provide a v~ew shed along said Eayview Road. a public road, for lot ~fI which does not currcetIy have road frontage; and 'RrH EREAS. this boundary line adjustment is in accoidance with the provisions of Section 8.02 of the afcrementloned conservation easement. NOW THEREFORE. 0,0l Gral3LOt's Warrat~tv Grantor warrants and represents to Grantee that Grantor is the owner of the Property described in Schedule A. subject to a Mortgage held by Ma~ne Midland Mortgage Corporation dated March 18, 1998, recorded May 8, 1998 ia Liber 19335 rap 452 in the office of the Suffolk County Clerk's Office. which mortgage is subordinate to the 1994 Grantee warran~l and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h) {3) of the Internal Revenue Code o f 1986. .and any amendatory or supplemental legislation (herein called "the Code"), and mcorpora!ed under the Not-For. Profit Corporafion law of New York State for the purpose of eonser~dng and prc.~erving the unique enviroan~enta], agriodtural, scenic and naCq~al values of tara/land on Long Island. 0.03 Pmyose The parties reiterate the environmental, scenic, and agricultural values of the Open Area as s~:t forth in the 1994 Easement. This Deed is intended to amend the 1994 Easemen: on the Property by Grantor to Grantee. exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing thc use or development o[' the Open Area for any purpose or in ~y manner contrary to the provisions herein, in furtherance of federal and New York State and local conservation policies, March 20, 2000 Surveyor's OesoHption Conservation Easement of Lands of Glenn K. Smilh and Eller~ Rosenbush Smith at Southold, Tow~ of Southold, Suffolk County, New York S.C.T.~4.: 1000-75-4.PIO 22.3 ALL ~hat certain plot, piece or parcel of'land, wilh the buildings and improvements thereon erected, situate, lyirL, ~ being at Southold, Town of Southold, Counly of Suffolk and Stale of New York, bounded and described as follows: BEGINNING at the intersection of the southeasterly comer of the Conservation Easement, also being the intersection of the northeasterly comer of the lends now or formerly of John S. Bower and Kathleen Di Bower, and the westerly side of Main Bayview Road Said point also being a distance of 880.97 feet north along the westerly side of Main r.; fview Road with the Intersection of the no~lheHy side of Baywater Avenue (also known as 'Freeman's Lane') with the westerly side of Main 8ayview Road. As shown on Alteration of Conservation Easement Map prepared by Young & Young Land Surveyor':~ dated Sap!ember 7, 1999 es Job No. 99-05~1; THENCE westedy al~n~ lands now or formerly Of John S. Bower and Kathleen D. Bower South 84 deg. 45 min. 00 sec. WeSt 173.00 feet toa concrete monument; THENCE s~utharly, westerly and northerly along lands now or formerly of Beyview South Harbor L~mited Partr~ership the following three (3) courses and distances: I. South 26 deg. 31 min. 00 sec. Wast 262.73feet, 2. Norlh 70 deq 37 min. 50 sec. West 308.14 feet, 3. North 10 deg. 37 min. 50 sec. Wast 296.66 feet to the southerly side of the Drainage Area on lhe Subdivision Map of 'South Harbor Homes" as Suffolk County Map No. 4096; THENCE eastedy along lands of the Drainage Ar~a, Lot 13, Lot 14, PlO Lot 15 of the aforementioned Subdivision Map North 79 deg. 22 min. 10 sec. East 254.80 feet; THENCE southerly and easterly the following two (2) courses and distances: 1. South10 deg. 04min. 47sec. East 131.58feet, 2. South 88 deg. 14 min. 25 sec. East 380.14 feet to the westerly side of Main Bayview Roach; THENCE southerly along the westerly side of Mai~ Bayview Road South 20 deg. 45 min. 00 sec. West 52.00 feet to the point of place of BEGINNING. Containing an area of 3.2149 Acres. ' i2045P 331 · . March 20, (continued) Surveyor's Descriptior~ Development Area No. 1 Lands of Glenn K. Smith and Ellen Rosenbush Smith at Southold, Tow~ of South, oM. Suffolk County, Now Ycx, k S.C.T.M: 1000-75-4-p/o 22.3 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereor~ erected, situate, lying and bain, '~t Southold, Town of Southold, County of Set'folk and State of New York, bounded an~i described as follows: BEGINNING al the intersection of the ~ ~'otheestedy comer of lands of GIsnn K. Smith and Ellen Roser~bush Smith, also beir~g ~ intersection of the northeasterly comer of the Conservation Easement, and the westerly .'~ide of Main Sayview Road. Said point also being a distance of 932.97 feet north along the westerly side of Main Bayview Road with the intersection of the northerly side of Baywater Avenue (also known as 'Freeman's Lane") with the westerly side of Main Bayviow Road. As shown on Alteration of Cons,~rvation Easement Map prepared by Young & Young Land Surveyor's da~ed September 7, 1999 as Job No. 99-0561; THEN;CE westerly and northerly along the Conservation Easement the following two (2) courses and distances; 1. North 88 dog. 14 min. 25 sec. West 380.14 feet, 2. North 10 d<~g, 04 min. 47 sec. West 131.58 feet to the southerly side of Lot 15 of the Subdivision Map "South Harbor Homes" as Suffolk County Map No. 49~6; THENCE easterly along Lot 15, Lot '16, Lot 17, Lot 18, Lot 19, and Lot 20 of the aforementioned Subdivision Map North 79 deg. 22 min. 10 sec, East 500.02 t'eet to the westerly side of Mair~ Sayview Road; THENCE soulherly along the westerly side of Main Bay~'L~/Road South 20 deg. 45 min. 00 sec. West 24966 feet to the point or place of BEGINNING. Containing an area of 1.7852 Acres. =" 42738 RE~Rq~D REAL ESTATE TRAN~FF.R TAX COU~TY :' 42758 Deed / Mm~§aSe Tax Stamp 'l FEES S.~Tm~ Real Property 'P?x S~rvice Agency Vcrificalion DiSL Section B 10ck Lot 5'0O SUFFI;Ld COLINTY Or Spec./Add. C~eservation Fund C m~ideratlon Amount , Owners Mailin RECORD & RETURN TO: HAY ~ 0 FUhlD Title Company Information Co. Name Suffolk County 'Recording & Endorsement Page 'Ihis page form~ pan of':he attaclled _j~_J:~nbe~'-~*&o~ C-~$~ e v~ ~ ~ ~__ made by: (SPECIFY 'IWPE OF ~SIR[~I' ) ~ lenn g. ~'~,'~K ~tcp~misesheminissitml~in ELLE~ ~cltn~u~ ~ SUFFOLK CO~, NEW YO~ '10 In the ~3',~mhlp of ~O~ ~ k ~ J ~ or IIAMI.ET of B( LXILS 5 'I1 lEU 9 MUST 13I.; I'YPED OR PIUNIED IN BlaV. TK IN iq ONI,Y PRIO[I. 'FO RI£CDRDING OR FII.ING, lOVER)